Cobb

Cobb v. McDonald-Weist Logging Co.

Good Law
278 F. 165·5 Alaska Fed. 70·1921 U.S. App. LEXIS 1952
United States Court of Appeals for the Ninth CircuitDecember 5, 1921No. 3699California590 words

Opinion

Lead Opinion

Ross, J.

The judgment appealed from in this case affirmed an order made by the referee in bankruptcy, refusing to expunge from the list of claims against the bankrupt a claim filed by the appellee for $27,871.50, with interest thereon from December 20, 1918,'at 8 per cent, per annum as a general claim, and remanding the cause to the referee for further proceedings.

The contention of the appellant is that the claim was based on a void contract and therefore unenforceable. Both the appellee and the bankrupt were corporations of the state of Washington. By the law of Alaska all corporations and joint-stock companies organized under the laws of the United States or the laws of any state or territory thereof were required before doing, business within the district of Alaska, to file in the office of the secretary of the district and in the office of the district court of the division wherein they intended to carry on business, certain designated statements, certificates, and consents, and should forfeit a certain designated amount of money. Comp.Laws of Alaska, § 654 et seq. Section 657 of such Compiled Laws is as follows :• “If any such corporation or company shall attempt or commence to do…

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