Pittsburgh & Connellsville Railroad v. Graham
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of assumpsit by The Pittsburgh and Connellsville Railroad Company against John K. Graham, to recover a subscription to the capital stock of the company.
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Error to the District Court of Allegheny county. This was an action of assumpsit by The Pittsburgh and Connellsville Railroad Company against John K. Graham, to recover a subscription to the capital stock of the company. The facts of the case were similar to those detailed in the cases of The Pittsburgh. and Connellsville Railroad Company v. Byers, 8 Casey 22, and McCully v. The Pittsburgh and Connellsville Railroad Company, Id. 25; and the same grounds of defence were taken; the only additional points made in this case are fully stated in the opinion of the court. A verdict having been…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
It was determined a little over a year ago, in the case of the present plaintiffs in error v. Byers, 8 Casey 22, and in McCully v. The Same, Id. 25, that a contract or subscription for shares of stock to the company was an ordinary contract, and as such the statute of limitations would operate on the remedies for its enforcement, unless the delay was satisfactorily accounted for; that one of the remedies was by calls for payment of instalments; another was by suit to follow such calls. That no *78call having been made within six years, and the…
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