Legal Opinion

Philadelphia & Gulf Steamship Co. v. Pechin

Superior Court of Pennsylvania

Decided November 15, 1915No. Appeal, No. 234PublishedCited by 5 opinions

Appeal, No. 234, Oct. T., 1914, by defendant, from order of the Municipal Court, Philadelphia Co., April T., 1914, No. 64, making absolute rule for judgment for want of a sufficient answer in case of Philadelphia and Gulf Steamship Company in the hands of S. P. Wetherill, Jr., Receiver, v. Edward V. Pechin. Assumpsit to recover a balance due on a stock subscription. Before Crane, J. The opinion of the Superior Court states the case.

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Appeal, No. 234, Oct. T., 1914, by defendant, from order of the Municipal Court, Philadelphia Co., April T., 1914, No. 64, making absolute rule for judgment for want of a sufficient answer in case of Philadelphia and Gulf Steamship Company in the hands of S. P. Wetherill, Jr., Receiver, v. Edward V. Pechin. Assumpsit to recover a balance due on a stock subscription. Before Crane, J. The opinion of the Superior Court states the case. Error assigned was order making absolute rule for judgment.

1Opinion of the Court

Opinion by

Rice, J.,

This is an appeal by defendant from judgment for want of a sufficient answer. The action was assumpsit and was founded on two writings, one executed on December 30, 1908, and the other on May 3, 1909. By the former the defendant subscribed for five shares and by the latter for twenty shares of the capital stock of the plaintiff corporation of the par value of fifty dollars per share and in each instance agreed to pay the full par value of the shares subscribed for in five equal consecutive monthly installments. It was alleged in the statement of claim and virtually admitted…

2Cases cited7 opinions

  1. Ridgeway Dynamo & Engine Co. v. Pennsylvania Cement Co.Supreme Court of Pennsylvania · 1908
  2. Fulton v. HoodSupreme Court of Pennsylvania · 1859
  3. Rathfon v. LocherSupreme Court of Pennsylvania · 1906
  4. Finch ex rel. Finch v. WhiteSupreme Court of Pennsylvania · 1899
  5. Philadelphia & Gulf Steamship Co. v. ClarkSuperior Court of Pennsylvania · 1915

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

3Cited by5 opinions

  1. Gross v. Exeter Machine Works, Inc.Supreme Court of Pennsylvania · 1923
  2. Holcomb & Hoke Manufacturing Co. v. GambaSuperior Court of Pennsylvania · 1922
  3. W. F. Frederick Piano Co. v. LandauSuperior Court of Pennsylvania · 1917
  4. Metropolitan Refining Co. v. Beaver Valley Mill Supply Co., Pennsylvania Court of Common Pleas, Beaver County1930
  5. Moore Bros. v. Mohn, Pennsylvania Court of Common Pleas, Lancaster County1923

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