OKLAHOMA NAT. BANK v. CHICAGO R. I. & P. RY. CO.

OKLAHOMA NAT. BANK v. CHICAGO R. I. & P. RY. CO.
1915 OK 109
146 P. 716
45 Okla. 707
Case Number: 3983
Decided: 02/23/1915
Supreme Court of Oklahoma

OKLAHOMA NAT. BANK
v.
CHICAGO, R. I. & P. RY. CO.

Syllabus

¶0 LIMITATION OF ACTION--Operation of Statute--Foreign Corporation. The statute of limitation (Rev. Laws 1910, sec. 4657, subdv. 3) does not run in favor of a foreign corporation which has failed to comply with section 43, art. 9, sec. 260, Williams' Ann. Constitution.

Error from Superior Court, Pottawatomie County; Geo. C. Abernathy, Judge.

Action by the Oklahoma National Bank, a corporation, against the Chicago, Rock Island & Pacific Railway Company, a corporation. Judgment for defendant, and plaintiff brings error. Reversed and remanded.

B. B. Blakeney and J. H. Maxey, Jr., for plaintiff in error.
C. O. Blake, for defendant.

TURNER, J.

¶1 This is a suit in damages for the conversion of 37 bales of cotton of an alleged value of $ 1,902.50. Plaintiff alleges itself to be the owner thereof as the owner and holder of bills of lading to shipper's order, and that the cotton was converted by defendant in transit on its line of road from Sayre to Shawnee, Okla. The point raised by demurrer is conceded to be whether the statute of limitation (Rev. Laws 1910, sec. 4657, subd. 3) runs in lavor of a foreign corporation which has failed to comply with section 43, art. 9, sec. 260, Williams' Ann. Constitution. This court has held that it does not in Hale v. St. Louis & S. F. Ry. Co., 39 Okla. 192, 134 P. 949, and in St. Louis etc., R. Co. v. Bloom, 39 Okla. 78, 134 P. 432.

¶2 As defendant seems to so concede by failure to file brief, the judgment of the trial court in sustaining a demurrer to the petition is reversed, and the case remanded.

¶3 All the Justices concur.