83 N.Y.S. 1054 | N.Y. App. Div. | 1903
The action was brought in March, 1902, in equity, to compel the defendant to remove a bridge, piers, and embankment erected by it on the stream below plaintiff’s mill, because those structures interfered with the flow of the stream, and caused the water and ice to flow back upon plaintiff’s property, destroying it, and interfering with the operation of its mill and the carrying on of its business, to its damage in a considerable amount. The answer, among other things, alleged that the plaintiff did not pay the license fee prescribed by the section of the tax law above referred to within-the 30 days from the 1st day of December, 1901, when it became due, and within the time limited by law, and that, therefore, it was not entitled to maintain the action, or to have any recovery in the courts of this state. The referee held that the defendant was correct in its contention, and that, the plaintiff not having paid the license fee within 30 days from the 1st day of December, 1901, and not until January 16, 190.2, it was not entitled to resort to the courts of the state, and had no capacity to sue. The correctness of this interpretation of the provisions of section 181 of the tax law (Laws 1896, p. 856, c. 908) and section 15 of the corporation law (Laws 1892, p. 1805, c. 687) is the only question involved. We think the referee was wrong, and that the judgment must be reversed.
Unless prohibited by law, a foreign corporation duly organized can come into this state and exercise the legitimate powers conferred upon it, and carry on any business not prohibited by our laws or against public policy. Hollis v. Drew Seminary, 95 N. Y. 166. The state has the power, however, to compel compliance with its law, or to punish the corporation if it does not do so. People v. Formosa, 131
The judgment must be reversed, and a new trial granted.
Judgment reversed, and new trial granted, with costs to appellant to abide event. All concur.