Pennsylvania Superior Court Reports Volume 38

Pennsylvania Superior Court Reports Volume 38

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...which was not registered at the time in Pennsylvania. 2. A subscription to a joint-stock company is not only an undertaking to the company, but with all other subscribers. Such contracts are trilateral, and even if fraudulent as between two of the parties, they are to be enforced for the benefit of the third. Argued Oct. 26, 1908. Appeal, No. 9, Oct. T., 1908, by defendant, from judgment of C. P. Blair Co., June T., 1905, No. 134, on verdict for plaintiff in case of Altoona Sanitary Milk Company v. T. J. Armstrong. Before R1cE, P. J., PoRTER, HENDERSoN, MoRRrsoN, ORLADY, HEAD and BEAvER, JJ. Affirmed. Assumpsit to recover a stock subscription. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $603.83. Defendant appealed. Error assigned was in refusing binding instructions for defendant. Thomas C. Hare, with him Edwin M. Amies, for appellant.--The contract was an undertaking on the part of the construction company for doing the unlawful things provided for in the contract. It is clear that an action against the subscribers 350, (1909).1 Arguments. to the contract cannot be sustained without disclosing the entire contract; for performance of its prohibited acts (the acts of the unregistered corporation), is the foundation of recovery against the defendant: Pittsburg Construction Co. v. West Side Belt Railroad Co., 151 Fed. Repr. 125; McMullen v. Hoffman, 174 U. S. 639 (19 Sup. Ct. Repr. 839); Diamond Glue Co. v. Glue Co., 187 U. S. 611 (23 Sup. Ct. Repr. 206); Mitchell v. Smith, 1 Binney, 110; Badgley v. Beale, 3 Watts, 263; Columbia Bank & Bridge Co. v. Haldeman, 7 W. & S. 233; Shuman v. Shuman, 27 Pa. 90; Kepner v. Keefer, 6 Watts, 231; Seidenbender v. Charles, 4 S. & R. 151;...
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Product details

  • Paperback | 268 pages
  • 189 x 246 x 14mm | 485g
  • United States
  • English
  • black & white illustrations
  • 1236953371
  • 9781236953377