Bavington v. Pittsburgh & Steubenville Railroad
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of assumpsit by the Pittsburgh and Steuben-ville Railroad Company against Thomas Bavington, to recover nine unpaid instalments of $10 each, on twenty shares of the stock of the company, subscribed for by the defendant, with the statutory interest of one per cent, a month, from the time of the respective calls.
Read the full summary
Error to the District Court of Allegheny county. This was an action of assumpsit by the Pittsburgh and Steuben-ville Railroad Company against Thomas Bavington, to recover nine unpaid instalments of $10 each, on twenty shares of the stock of the company, subscribed for by the defendant, with the statutory interest of one per cent, a month, from the time of the respective calls. The defendant was one of the commissioners appointed by the act of incorporation, to receive subscriptions to the stock of the company. He himself subscribed for twenty shares, of $50 each; attached to which was a…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
The defendant below was one of the commissioners designated by an Act of Assembly, to receive subscriptions to the stock of the Pittsburgh and Steubenville Railroad Company, preparatory to the issue of letters patent, and to its organization. He himself subscribed $1000, or for twenty shares. Attached to his subscription was a proviso, “ that no subscription should become due and valid, until the sum of $200,000 should be bond fide subscribed on the books of the company.” Another condition was also added, which was as follows, “ provided the…
2Cases cited1 opinion
- Comfort v. LelandSupreme Court of Pennsylvania · 1838
3Cited by2 opinions
- Davis ex rel. White v. Fireman's Fund InsuranceSuperior Court of Pennsylvania · 1897
- Keiser v. EberlySupreme Court of Pennsylvania · 1909