Legal Opinion

Philadelphia, Wilmington, & Baltimore Railroad v. Cowell

Supreme Court of Pennsylvania

Decided July 1, 1857PublishedCited by 10 opinions

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.

Read the full summary

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

  1. Wolfe v. Texas Co.Court of Appeals for the Tenth Circuit · 1936
  2. Redhead v. Iowa National BankSupreme Court of Iowa · 1905
  3. Crane Co. v. James McHugh Sons, Inc.Court of Appeals for the Tenth Circuit · 1939
  4. Savidge v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1955
  5. Breed v. First National BankSupreme Court of Colorado · 1882

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API