Putney Shoe Co. v. Edwards
Putney Shoe Co. v. Edwards
Opinion of the Court
Opinion by
The single question involved in the present appeal lies
At the trial no defense on the merits was offered. The sole contention urged upon the trial court was that under the provisions of the Act of June 8, 1911, P. L. 710, the plaintiff was debarred from obtaining any relief in the courts of this Commonwealth until it had complied with the requirements of that statute. There was no evidence at all that the plaintiff company maintained any place of business in the State of Pennsylvania or had any portion of its capital invested therein, or any other fact that would have warranted the conclusion that, within the meaning of the Act of 1874, the plaintiff Was doing business within the Commonwealth. The expression, “doing business within the Commonwealth,” as applied to foreign corporations, has been so frequently defined, a citation of the cases would be wholly unnecessary. It is as clear as anything can be that the plaintiff corporation would not be bound by any requirement of the earlier statute so far as the facts of this case are concerned.
But it is contended that under the provisions of the Act of 1911 referred to, no foreign corporation máy seek the aid of the courts of Pennsylvania without having complied with the requirement of the said statute. If that were true, the plaintiff in Duroth Mfg. Co. v. Cauffiel, 243 Pa. 24, could not have maintained the action of replevin, and such a contention was urged upon
Judgment affirmed.
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- Corporations — Foreign corporations — Doing business — Registration — Act of June 8,1911, P. L. 710. A foreign corporation may maintain a suit in Pennsylvania although it has not registered under the Act of June 8, 1911, P. L. 710, if it appears that it has no place of business in Pennsylvania, but merely solicits orders through salesmen and delivers the goods thus ordered to a common carrier in the state of its domicile, consigned to the purchaser at his place of business in Pennsylvania.