Bird Coal & Iron Co. v. Humes
Supreme Court of Pennsylvania
No. 397, Jan. T., 1893, by-plaintiffs, from order of C. P. Centre Co., April T., 1891, No. 295, entering judgment of nonsuit in favor of E. C. Humes. Account render for secret profits alleged to have been wrongfully received by a director of a corporation. Before Barker, P. J., 47th judicial district, specially presiding. The facts appear by the opinion of the Supreme Court.
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No. 397, Jan. T., 1893, by-plaintiffs, from order of C. P. Centre Co., April T., 1891, No. 295, entering judgment of nonsuit in favor of E. C. Humes. Account render for secret profits alleged to have been wrongfully received by a director of a corporation. Before Barker, P. J., 47th judicial district, specially presiding. The facts appear by the opinion of the Supreme Court. The court below entered a compulsory nonsuit and subsequently refused to take it off, in the following opinion: “ It must be conceded that there can be no recovery here unless the plaintiff can show that the defendant…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
The Bird Coal & Iron Company, the appellant, is a corporation ; it is the owner, among other lands, of a tract in name of James Butcher, underlaid with coal, in Snowshoe township, Centre county. The capital stock of the company was 100,000 *284shares of the par value of 150.00 per share; of these E. C. Ilumes, appellee, owned 21,977. On the 28th of September, 1881, the company leased all the coal on this tract for five years to James Somerville, ata royalty of 15 cents per ton of 2240 lbs.; Somerville covenanted to mine not less that 20,000 tons each year, and had an…
2Cases cited3 opinions
- Cumberland Coal & Iron Co. v. ParishCourt of Appeals of Maryland · 1875
- Parker v. NickersonMassachusetts Supreme Judicial Court · 1873
- Hill v. FrazierSupreme Court of Pennsylvania · 1853
3Cited by32 opinions
- Bailey v. JacobsSupreme Court of Pennsylvania · 1936
- Lutherland, Inc. v. DahlenSupreme Court of Pennsylvania · 1947
- Western States Life Ins. Co. v. LockwoodCalifornia Supreme Court · 1913
- Seaboard Industries, Inc. v. MonacoSupreme Court of Pennsylvania · 1971
- Commonwealth Title Insurance & Trust Co. v. SeltzerSupreme Court of Pennsylvania · 1910
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