Philadelphia, Wilmington, & Baltimore Railroad v. Cowell
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action brought on the 17th December,'1855, by John W. Cowell, to recover from The'Philadelphia, Wilmington, and Baltimore Railroad Company the sum of $>1700;, being the dividends declared by the defendants on four hundred shares of stock in the company held by the plaintiff.
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Error to the District Court of Philadelphia. This was an action brought on the 17th December,'1855, by John W. Cowell, to recover from The'Philadelphia, Wilmington, and Baltimore Railroad Company the sum of $>1700;, being the dividends declared by the defendants on four hundred shares of stock in the company held by the plaintiff. The plaintiff resided in England, and on the stock owned by him the company declared dividends, which were payable as follows: 1st October, 1849, $600; 1st April, 1850, $300 ; 1st October, 1850, $400; 1st April, 1851, $400. The dividends thus declared were applied…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
The question presented by the first error assigned, is not whether the evidence offered and rejected proved the plaintiff’s ratification of Fisher’s subscription; but whether it tended to prove it.
Suppose the court had admitted the evidence and the jury had found the plaintiff’s assent and ratification, could he have expected us to reverse the judgment on the ground that a question of fact had been submitted and found without any evidence ?
Could it have been said that the facts set down in the bill of exception, fully proved, were no…
2Cited by10 opinions
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- Savidge v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1955
- Breed v. First National BankSupreme Court of Colorado · 1882
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