Groneweg & Schmoentgen Co. v. Estes

• Decision Date: 25 May 1909
• Citation: 139 Mo. App. 36,119 S.W. 513
• Parties: GRONEWEG & SCHMOENTGEN CO. v. ESTES.
• Court: Missouri Court of Appeals

119 S.W. 513

139 Mo. App. 36

GRONEWEG & SCHMOENTGEN CO. v. ESTES.

St. Louis Court of Appeals. Missouri.

May 25, 1909.

1. JUSTICES OF THE PEACE (§ 95)—PLEADING —DEMURRER TO STATEMENT.

Demurrers to statements in cases originating before justices of the peace are not contemplated by the statutes.

2. CORPORATIONS (§ 661)—FOREIGN CORPORATIONS—RIGHT TO SUE—CONDITIONS PRECEDENT.

Only foreign corporations which are doing business in the state are required to comply with the statutes as a condition on which they may sue.

3. CORPORATIONS (§ 642)—FOREIGN CORPORATIONS —"DOING BUSINESS."

In an action by a foreign corporation in a justice's court, a statement, showing that it had bought of defendant 300 cases of tomatoes, which defendant agreed to ship to it, to be paid for on their arrival and inspection, did not show on its face that plaintiff was doing business in the state, within the meaning of Rev. St. 1899, § 1026 (Ann. St. 1906, p. 890), so as to require it, before suing, to comply with the provisions of the state laws as to such corporations doing business in the state.

4. CORPORATIONS (§ 672)—ACTION BY FOREIGN CORPORATION—NECESSITY OF PLEADING COMPLIANCE WITH LAWS.

A foreign corporation need not, when suing, allege compliance with the state laws; compliance therewith being matter of defense.

Appeal from Circuit Court, Christian County; John T. Moore, Judge.

Action by the Groneweg & Schmoentgen Company against Sam Estes. From a judgment of the circuit court for defendant on appeal from a justice's court, entered on sustaining a demurrer to plaintiff's statement, plaintiff appeals. Reversed.

Oscan B. Ealum, for appellant. W. P. Sullivan, for respondent.

GOODE, J.

Plaintiff filed a statement before a justice of the peace, averring: That it was a corporation doing business under the laws of the state of Iowa, and a resident of Council Bluffs in said state; that defendant, a resident of Christian county, Mo., on August 8, 1905, sold plaintiff 300 cases of tomatoes, undertaking and agreeing to deliver them on board cars at Billings, Mo., for the price of 75 cents per dozen cans, less 1½ per cent. of the invoice price, payable on arrival and inspection of the goods; that plaintiff at all times thereafter demanded delivery of the goods, but defendant refused to deliver the same, to plaintiff's damage in the sum of $250, for which sum it prayed judgment. Defendant filed what he called a "demurrer" to the petition, wherein he set forth it did not...