Henry Billings Brown

“ The court of errors and appeals, conceding the general rule both in New Jersey and New York to be that a contract, void by the law of the state where made, will not be enforced in the state of the forum (Columbia F. Ins. Co. v. Kinyon, 37 N. J. L. 33, and Hyde v. Goodnow, 3 N. Y. 266) , held that the state statute of New York did not declare the contract void, and that there was no decision in that state holding it to be so. In fact, the only case in the court of appeals peals in New York (Neuchatel Asphalt Co. v. New York, 155 N. Y. 373, 49 N. E. 1043) is the other way. ”

“ With respect to the Pennsylvania statute, the court held that, although the Pennsylvania courts had held that a contract made in violation of the Pennsylvania statute was void, yet that the third plea did not contain allegations which showed that the note was given in pursuance of business carried on in Pennsylvania, and not in consummation of a single transaction ”

“ The third plea was similar in terms, averring the note to have been made in Pennsylvania, whose statutes provided that foreign corporations should do no business in the state without filing a certain statement in the secretary's office and procuring the certificate of the secretary of the commonwealth, and further providing that the agent of any foreign corporation transacting business within the state, without complying with the provisions of the law should be deemed guilty of a misdemeanor. ”