Imágenes de páginas
PDF
EPUB

TITLE NINETEEN.

FOREIGN CORPORATIONS.

TITLE NINETEEN.

FOREIGN CORPORATIONS.

SECTION

CHAPTER CXCIII.

STATUS AND POWERS OF, IN GENERAL.

7875. Status of foreign corporations as

settled by Federal decisions.

7876. Not entitled to the privileges and immunities of citizens in the several States.

7877. Whether entitled to the "equal protection of the laws” of the State within which it is permitted to do business. 7878. Federal protection of foreign corporations engaged in interstate commerce.

7879. What is interstate and foreign commerce within this prohibition. 7880. What is not interstate commerce within this prohibition. 7881. Cannot migrate, but must dwell in place of its creation. 7882. May make and take contracts

in other States and countries except where prohibited. 7883. Presumptions arising in support of the validity of the contracts of foreign corporations.

7884. Cannot exercise corporate franchises in a foreign jurisdiction except by comity.

SECTION

7885. Cases to which this comity does not extend.

7886. All their rights subject to the domestic law.

7887. States may impose conditions upon which they may do business.

7888. May be required to appoint a resident agent upon whom process may be served. 7889. May establish agencies and do business in the domestic State unless prohibited. 7890. Foreign corporations made domestic corporations quoad hoc. 7891. When deemed to have been made such, and when not. 7892. Instances where such adoption and domestication were held to have taken place. 7893. Instances where such adoption and domestication held not to have taken place. 7894. Statutes subjecting foreign corporations to the same liabilities and restrictions as domestic corporations. 7895. Status of " tramp corporations." 7896. Further of "tramp corpora

tions."

[blocks in formation]

§ 7875. Status of Foreign Corporations as Settled by Federal Decisions.-The following propositions of law are settled by the decisions of the Supreme Court of the United States: 1. A corporation exists only in contemplation of law, and by force of law, and can have no legal existence beyond the bounds of the State or sovereignty by which it is created. It must dwell in the place of its creation. 2. Where a corporation is created by the laws of a State, the legal presumption, for the purposes of Federal jurisdiction, is that all its members are citizens of the State by which it was created; and in a suit by or against it, it is conclusively presumed to be a citizen of such State. 3. A corporation endued with its capacities and faculties by the co-operating legislation of two States cannot have one and the same legal being in both States. Neither State can confer on it a corporate existence in the other, nor add to nor diminish the powers to be there exercised. 4. The constitutional privilege which a corporation has, as a citizen of one State, to sue the citizens of another State in the Federal courts, cannot be taken away by simply declaring it to be a corporation of the latter State.1

So stated, in substance, by Snyder, J., in Rece v. Newport News &c. Co., 32 W. Va. 164; s. c. 5 Rail. & Corp. L. J., 515, 517, -on the authority of the following Federal cases, which support the statement:- Ohio &c. R. Co. v. Wheeler, 1 Black (U. S.), 286; Marshall v. Baltimore R. Co., 16

How. (U.S.) 314; Lafayette Ins. Co. v. French, 18 How. (U. S.) 404; Insurance Co. v. Francis, 11 Wall. (U. S.) 210; Railway Co. v. Whitton, 13 Wall. (U.S.) 270; Muller v. Dows, 94 U. S. 444; Memphis R. Co. v. Alabama, 107 U. S. 581. Learned notes on the status, powers, and rights of foreign

« AnteriorContinuar »