Supreme Court of New Jersey, 1897

M. B. Faxon Co. v. Lovett Co.

Supreme Court of New Jersey · Decided February 15, 1897 · Dixon

60 N.J.L. 128; 31 Vroom 128; 36 A. 692; 1897 N.J. Sup. Ct. LEXIS 102

Cases that cite this one

7 later published cases cite this decision.

Bell Telephone Co. of Philadelphia v. Galen Hall Co. (N.J. 1909)
Federal Schools, Inc. v. Sidden (N.J. 1936)
Low v. Davy (N.J. 1912)
MacMillan Co. v. Stewart (N.J. 1903)
Slaytor-Jennings Co. v. Specialty Paper Box Co. (N.J. 1903)
Allerton v. Grundy (N.J. 1901)
Delaware & Hudson Canal Co. v. Mahlenbrock (N.J. 1899)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The opinion of the court was delivered by

Dixon, J.

We think the position of the plaintiff is well founded. The legislature did not intend to include the main*130tenance of suits in the business which it forbade to be transacted. Moreover, by expressly prohibiting the maintenance of suits on contracts made in this state, it impliedly permitted suits on contracts made elsewhere, and it further expressly authorized suits on lawful contracts made prior to the passage of the act, without any restriction as to the place where such contracts had been made. We interpret the law to permit foreign corporations, without complying with its provisions, to maintain suits in this state on contracts made anywhere before the passage of the act, and on contracts made outside of the state since the passage of the act.

We therefore consider the plea defective, and it must be struck out, with costs.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.