Legal Opinion

Strickler v. McElroy

Superior Court of Pennsylvania

Decided March 3, 1911No. Appeal, No. 29PublishedCited by 2 opinions

Appeal, No. 29, March T., 1910, by defendants, from judgment of C. P. York Co., April T., 1907, No. 77, on verdict for plaintiff in case of Eli S. Strickler v. Henry McElroy and Howard L. Keller, Executors of the last will and testament of Henry McElroy, deceased, Henry Brinton Stock et al. Assumpsit against the directors of a corporation to recover profit made on sale of stock. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 29, March T., 1910, by defendants, from judgment of C. P. York Co., April T., 1907, No. 77, on verdict for plaintiff in case of Eli S. Strickler v. Henry McElroy and Howard L. Keller, Executors of the last will and testament of Henry McElroy, deceased, Henry Brinton Stock et al. Assumpsit against the directors of a corporation to recover profit made on sale of stock. The facts are stated in the opinion of the Superior Court. At the trial the defendant presented the following points: 1. If the plaintiff originally had a right to demand a part of the stock authorized to be issued in…

1Opinion of the Court

Opinion bt

Henderson, J.,

The Wrightsville Hardware Company was a Pennsylvania corporation the capital stock of which was originally $5,000 divided into 500 shares. In February, 1892, the stockholders authorized an increase of the capital by an addition of 2,000 shares of the par value of $10.00 each. All of this increase of stock was issued prior to March 12, 1901, except 172 shares. Just when the shares were so *169issued does not appear from the evidence but it was presumably soon after the increase was authorized. About March 12, 1901, the directors of the company entered into an arrangement…

2Cases cited4 opinions

  1. Shellenberger v. PattersonSupreme Court of Pennsylvania · 1895
  2. Reese v. Bank of Montgomery CountySupreme Court of Pennsylvania · 1855
  3. Morris v. StevensSupreme Court of Pennsylvania · 1897
  4. Hoyt v. Shenango Valley Steel Co.Supreme Court of Pennsylvania · 1903

3Cited by2 opinions

  1. Hechelman v. GeyerSupreme Court of Pennsylvania · 1915
  2. Veech's EstateSuperior Court of Pennsylvania · 1920

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