Allegheny City v. McClurkan & Co.
Supreme Court of Pennsylvania
These were writs of error to the District Court of Allegheny county. These were two suits brought by McCIurtan & Co., to the same term. Writs issued in August, 1849, the one against the mayor,, aldermen, and citizens of Allegheny, for issuing the notes or city scrip in question; the other against Henry Campbell, for having, in his capacity of mayor, signed the notes on which the suits were founded.
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These were writs of error to the District Court of Allegheny county. These were two suits brought by McCIurtan & Co., to the same term. Writs issued in August, 1849, the one against the mayor,, aldermen, and citizens of Allegheny, for issuing the notes or city scrip in question; the other against Henry Campbell, for having, in his capacity of mayor, signed the notes on which the suits were founded. The narr. contained a schedule of the notes, dated in 1847, 1848, and 1849, amounting in all to $8942. They were actions of debt for the sum of $3942, for that amount of notes or city scrip, issued…
1Opinion of the Court
The opinion of the court was delivered by
Coulter, J.
— The charter or act of Assembly incorporating the city of Allegheny, was not produced or read on the argument; but I take it for granted that it contains no express authority to the corporation to issue such notes as those embraced in this action. But it does not follow that the corporators are therefore not answerable for them in their corporate capacity. They have received value for them in the various public works and improvements erected and made in the city, through their intrumentality, and it hardly comports well with fair dealing,…
2Cited by9 opinions
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- Amalgamated Cotton Garment & Allied Industries Fund v. CampolongSuperior Court of Pennsylvania · 1983
- Eureka Pub. Co. v. First Nat. Bank of StiglerSupreme Court of Oklahoma · 1916
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