Reports of Cases Determined in the Appellate Courts of Illinois Volume 224

Reports of Cases Determined in the Appellate Courts of Illinois Volume 224

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ... on domestio corporations and were made subject to all the restrictions and limitations imposed upon the latter. Friend & Co. v. Goldsmith & Seidel Co., 224 Ill. App. 336. It is our opinion, therefore, that aside from judicial decisions, the General Incorporation Act of 1919 permitted the defendant corporation to transact business in this State with the same rights and privileges as are conferred by laws upon domestic corporations. One of the rights and privileges enjoyed by a domestic corporation is that its property cannot be attached on grounds of nonresidence. Counsel for plaintiff devote much of their argument and cite and quote from several authorities in support of a principle laid down in Cook on Corporations (7th Ed.), sec. 1, that "The domicile, residence and citizenship of a corporation are in the State where it is created." This general proposition is well supported by the authorities cited. Ve do not think, however, that it is available in solving the interesting question under consideration. It may be granted that generally the place of residence of a corporation is the State or place of its creation. But, even so, a further question arises on this record, that is, whether a foreign corporation may legally become so domiciled or "domesticated" in this State as that its property may be relieved from attachment process as in the case of a domestic corporation. In Goodwin v. New York, N. H. cfi H. R. Co., 124 Fed. 358, the court said: "Corporate personality and existence are themselves fictions, and the citizenship or locality of a corporation is the fiction of a fiction." The trend of judicial opinion not only in but beyond this State seems to favor a construction of the law which...
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Product details

  • Paperback | 246 pages
  • 189 x 246 x 13mm | 445g
  • United States
  • English
  • black & white illustrations
  • 1236869621
  • 9781236869623