Greater Pittsburg Real Estate Co. v. Riley
Supreme Court of Pennsylvania
Appeal, No. 97, Oct. T., 1904, by defendant, from order of C. P. No. 3, Allegheny Co., Feb. T., 1904, No. 257, making absolute rule for judgment, for want of a sufficient affidavit of defense in case of Greater Pittsburg Real Estate Company v. John D. Riley. Assumpsit on a stock subscription. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 97, Oct. T., 1904, by defendant, from order of C. P. No. 3, Allegheny Co., Feb. T., 1904, No. 257, making absolute rule for judgment, for want of a sufficient affidavit of defense in case of Greater Pittsburg Real Estate Company v. John D. Riley. Assumpsit on a stock subscription. Rule for judgment for want of a sufficient affidavit of defense. The material portion of the affidavit of defense was as follows : This defendant was one of a number of men, among whom were William D. Beatty, now president of the plaintiff company, who entered into a verbal agreement, each with the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
Plaintiff, a corporation of the second class under the Act of April 29, 1874, P. L. 73, brought this action against defendant to recover the unpaid portion of his subscription to 100 shares of its capital stock. The defense set up in the affidavit was that the corporation was formed under a verbal agreement of the corporators that each should invest #250 in the stock; that although the capital was nominally placed at #25,000 and defendant was recorded as having subscribed for 100 shares yet the real agreement was that he was only to take five shares and…
2Cases cited2 opinions
- Appeal of RowleySupreme Court of Pennsylvania · 1887
- Robinson v. Pittsburgh & Connellsville RailroadSupreme Court of Pennsylvania · 1858