Legal Opinion

Carr v. Rochester Tumbler Co.

Supreme Court of Pennsylvania

Decided January 4, 1904No. Appeal, No. 88PublishedCited by 2 opinions

Appeal, No. 88, Oct. T., 1903, by defendant, from decree of C. P. Beaver Co., Dec. T., 1901, No. 10, on bill in equity in case of Robert Carr v. Rochester Tumbler Company and tbe National Glass Company. Bill in equity for an account. Before Miller, P. J. The facts are stated in the opinion of the Supreme Court.

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Appeal, No. 88, Oct. T., 1903, by defendant, from decree of C. P. Beaver Co., Dec. T., 1901, No. 10, on bill in equity in case of Robert Carr v. Rochester Tumbler Company and tbe National Glass Company. Bill in equity for an account. Before Miller, P. J. The facts are stated in the opinion of the Supreme Court. The court entered a decree directing that the Rochester Tumbler Company should pay the plaintiff in cash the value of his stock in said company at the date of the sale of the company’s property to the National Glass Company on October 30, 1899, being, with interest, the sum of…

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

The right of the plaintiff, the appellee, to a decree in his favor depends upon the effect to be given the meeting of the stockholders of the Rochester Tumbler Company held at the company’s office on July 12, 1899. We are of opinion that the presence of the appellee at that meeting and his participation in, and assent to, the action there taken relative to the sale and transfer of the property, etc., of the tumbler company to the National Glass Company is a complete defense to this proceeding and that the plaintiff’s bill should have been dismissed.

It is…

2Cited by2 opinions

  1. Koehler v. St. Mary's Brewing Co.Supreme Court of Pennsylvania · 1910
  2. General Gas & Electric Corp. v. CommissionerCourt of Appeals for the Second Circuit · 1938

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