Pavilion Co. v. Hamilton
Superior Court of Pennsylvania
Appeal, No. 79, Oct. T., 1900, by plaintiff, in suit of Wildwood Pavilion Company against M. F. Hamilton, from judgment of O. P. No. 1, Pbila. Co., Sept. T., 1897, No. 721, on peremptory nonsuit. Opinion by W. W. Porter, J. Petition to strike off nonsuit. Before the court in banc.
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Appeal, No. 79, Oct. T., 1900, by plaintiff, in suit of Wildwood Pavilion Company against M. F. Hamilton, from judgment of O. P. No. 1, Pbila. Co., Sept. T., 1897, No. 721, on peremptory nonsuit. Opinion by W. W. Porter, J. Petition to strike off nonsuit. Before the court in banc. It appears from the record that the action was assumpsit issued by the Wildwood Pavilion Company, a corporation under the laws of the state of New Jersey, to recover a balance of subscription to its stock amounting to $450. It appears from the evidence that the office, place of business and capital of the company…
1Opinion of the Court
Opinion by
William W. Pobteb, J.,
This action is brought by a foreign corporation to compel the payment of a subscription to its capital stock. The court below entered a nonsuit on the ground that the transaction was a doing of business by a foreign corporation without previous registration, as required by the act of 1874. This was error. The business for which the corporation was organized was the erection of a pavilion at Wildwood Beach, in the state of New Jersey. The offices and place of business of the company were in the state of New Jersey. The capital of the company was wholly invested…
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