Legal Opinion

Pottsville Bank v. Minersville Water Co.

Supreme Court of Pennsylvania

Decided April 24, 1905No. Appeal, No. 119PublishedCited by 6 opinions

Appeal, No. 119, Jan., T., 1904, by plaintiff, from judgment of C. P. Schuylkill Co., May T., 1903, No. 286, on verdict for defendant in case of Pottsville Bank v. Minersville Water Company. Trespass to recover damages for the conversion of the stock of a corporation. The facts are stated by the opinion of the Supreme Court.

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Appeal, No. 119, Jan., T., 1904, by plaintiff, from judgment of C. P. Schuylkill Co., May T., 1903, No. 286, on verdict for defendant in case of Pottsville Bank v. Minersville Water Company. Trespass to recover damages for the conversion of the stock of a corporation. The facts are stated by the opinion of the Supreme Court. The court charged in part as follows: [Mr. Nicholas Heblich, who was living at that time, and who had in his possession all of the assets, all the papers and books of the Pottsville Bank, as appears by this minute, and, as I understand the evidence, testified at the…

1Opinion of the Court

Opinion by

Me,. Justice Elkin,

If Nicholas Heblich can be considered under the facts of this case a liquidating trustee of the appellant, it necessarily follows that the cause of action was properly disposed of in the court below. It is conceded that neither the stockholders nor the board of directors by any formal act, or vote, or written authority, in express terms constituted him a liquidating trustee. We' do not consider this necessary. The stockholders of a corporation, like members of a partnership, company or association, may, by permitting a person to act for and represent the…

2Cases cited7 opinions

  1. Lauman v. Lebanon Valley RailroadSupreme Court of Pennsylvania · 1858
  2. Campbell v. FloydSupreme Court of Pennsylvania · 1893
  3. Garretson v. BrownSupreme Court of Pennsylvania · 1898
  4. Wilson & Sons v. Waugh, Jack & Co.Supreme Court of Pennsylvania · 1882
  5. Bailey's AppealSupreme Court of Pennsylvania · 1880

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3Cited by6 opinions

  1. Eastman Kodak Co. v. OseniderSuperior Court of Pennsylvania · 1937
  2. Interstate Distributing Co. v. ConnellSuperior Court of Pennsylvania · 1911
  3. Ballenger v. Liberty National Life Insurance Co.Supreme Court of Alabama · 1957
  4. Ballenger v. Liberty National Life Insurance Co.Supreme Court of Alabama · 1957
  5. Commonwealth ex rel. Insurance Commissioner v. Exchange Operators, Inc., Pennsylvania Court of Common Pleas, Dauphin County1928

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