O'TOOLE TIRE CO. v. JOHN B. GAITHER, INC.

[No. 146, September Term, 1957.]

216 Md. 54 (1958)

139 A.2d 252

O'TOOLE TIRE COMPANY ET AL. v. JOHN B. GAITHER, JR., INC. ET AL. (Two Appeals in One Record)

Court of Appeals of Maryland.

Decided March 5, 1958.


Attorney(s) appearing for the Case

Lewin Wethered and Francis N. Iglehart, Jr., with whom were L. Wethered Barroll and E. Scott Moore on the brief, for the appellants.

Herbert H. Hubbard and Southey F. Miles, Jr., with whom was Jerome M. Asch on the brief, for the appellees.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.


HAMMOND, J., delivered the opinion of the Court.

In the certificate of incorporation of John B. Gaither, Jr., Inc., a Maryland corporation, filed in 1950, a Baltimore County address is designated as the principal office. This designation has never been changed in any of the ways prescribed by Code, 1951, Art. 23, Secs. 8 and 10, or Code (1957 Supp.), Art. 23, Sec. 8 (c) although the company moved its office first to another Baltimore County address and then to a Baltimore...

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