Philadelphia & Delaware County Railroad v. Conway
Supreme Court of Pennsylvania
Appeal, No. 139, Jan. T., 1896, by defendant, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1894, No. 73, on verdict for plaintiff. Assumpsit on a stock subscription.
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Appeal, No. 139, Jan. T., 1896, by defendant, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1894, No. 73, on verdict for plaintiff. Assumpsit on a stock subscription. Before Finletter, P. J. The action was based upon the defendant’s subscription to the following instrument in writing: “ Philadelphia, October, 1892. “We, the undersigned, do hereby agree to subscribe the sums set opposite our respective names of the capital stock of the Philadelphia and Delaware County Railroad, for the purpose of aiding in grading and completing the said railroad to the crossing of the Leopard Road, at…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The contract, upon which this action was brought, is in writing and signed by the defendant and many others. It is a contract of subscription to the stock of the plaintiff company. It contains certain express stipulations definitely stated as to the meaning of which there is no controversy. But the defendant alleges, and so testified himself, that there were certain oral terms stated and agreed upon between him and Mr. Stewart Wood, who procured the defendant’s subscription, and claims that these terms were not performed, and that he was therefore released from his…
2Cases cited6 opinions
- Martin & Monroe v. BerensSupreme Court of Pennsylvania · 1871
- Caley v. Philadelphia & Chester County RailroadSupreme Court of Pennsylvania · 1876
- Graff v. Pittsburgh & Steubenville RailroadSupreme Court of Pennsylvania · 1858
- Miller v. Hanover Junction & Susquehanna RailroadSupreme Court of Pennsylvania · 1878
- Yerger v. WarrenSupreme Court of Pennsylvania · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
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- Constructors' Assn. of W. Pa. v. FurmanSuperior Court of Pennsylvania · 1949
- Keystone Wrapping Machine Co. v. BromeierSuperior Court of Pennsylvania · 1910
- O'Dell v. Appalachian Hotel Corp.Supreme Court of Virginia · 1929
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