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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 838   View pdf image (33K)
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838 ARTICLE 23

existing under the statute or common law of any state (other than this
State), territory, district, possession or foreign country, or the United
States.

An. Code, 1924, sec. 117. 1912, sec. 91. 1908, ch. 240, sec. 66. 1937, ch. 504, sec. 117.

118. No foreign corporation shall do any kind of intrastate or inter-
state or foreign business in this State, the doing of which by domestic
corporations is not permitted by the laws of this State. And every foreign
corporation doing intrastate or interstate or foreign business in this State
shall be deemed thereby to have assented to all the provisions of the laws of
this State.

This section incorporates the limitations upon the principle of comity between the
states relative to the powers and privileges of foreign corporations. A foreign cor-
poration without a grant from the state or the city of Baltimore of the right to conduct
its business within the city is not entitled to place or maintain poles, wires or cables
in public streets or highways. Patapsco Co. v. Baltimore, 110 Md. 310. And see Hannis
Distilling Co. v. Baltimore, 114 Md. 684.

This section states the general policy of Maryland with respect to .foreign corpora-
tions. See notes to sec. 120. Baden v. Washington Loan & T. Co., 133 Md. 604.

This section referred to in dissenting opinion as to recovery of dividends paid by
corporation when insolvent. Bartlett v. Smith, 162 Md. 488. (Decided prior to ch. 504,
1937.)

Cited but not construed in Ex parte General News Bureau, 162 Md. 646.

An. Code, 1924, sec. 118. 1912, sec. 92. 1904, secs. 411 and 412. 1888, secs. 297 and 298.
1868, ch. 417, secs. 211 and 212. 1908, ch. 240, sec. 67. 1937, ch. 504, sec. 118.

119. (a) Every foreign corporation doing intrastate or interstate or
foreign business in this State shall be subject to suit in this State by a
resident or non-resident of this State on any cause of action arising out of
such business and on any other cause of action.

(b) Every foreign corporation which has heretofore done or hereafter
does intrastate or interstate or foreign business in this State shall be sub-
ject to suit in this State by a resident or non-resident of this State on any
cause of action arising out of such business, whether or not such foreign
corporation has ceased to do business in this State.

(c) Every foreign corporation shall be subject to suit in this State by
a resident of this State or by a person who has a usual place of business
in this State on any cause of action arising out of a contract made or liabil-
ity incurred, within or without this State, if when such contract was made
or such liability was incurred such foreign corporation was doing intra-
state or interstate or foreign business in this State, whether or not such
foreign corporation shall have ceased to do business in this State.

(d) Every foreign corporation shall be subject to suit in this State by
a resident of this State or by a person having a usual place of business in
this State on any cause of action arising out of a contract made within
this State or liability incurred for acts done within this State, whether or
not such foreign corporation is doing or has done business in this State.1

New York corporation which did business in Maryland could be sued in place of
residence of plaintiff after its dissolution. Acton v. Washington Times Co., 12 F.
Supp. 127.

Construction given by Court of Appeals of Md. regulating process of foreign corpora-
tions applied. Acton v. Washington Times Co., 9 Supp. 74.

A steamship company merely having "tramp" steamers, entering Baltimore, held
not to be "regularly" doing business or exercising franchises; termination of local
agency. This section does not apply to suit by non-resident of Maryland. Carter v.
Reardon-Smith Line, 148 Md. 556. (Decided prior to ch. 504, 1937.)

Maryland courts have no jurisdiction over internal affairs, such as dissensions among
stockholders, of foreign corporations. O'Hara v. Frenkil, 155 Md. 194.

1 See footnote to sec. 23.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 838   View pdf image (33K)
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