Legal Opinion

Commonwealth v. Bank of Pennsylvania

Supreme Court of Pennsylvania

Decided March 15, 1842PublishedCited by 9 opinions

A CASE was stated for the opinion of the court, in order to determine whether in the election of assignees of the Bank of Pennsylvania, under a recent Act of Assembly, the state treasurer had the right to vote for each share of the capital stock of that • bank held by the commonwealth. If he had, then the election which had taken place, to be adjudged illegal and void.

Read the full summary

A CASE was stated for the opinion of the court, in order to determine whether in the election of assignees of the Bank of Pennsylvania, under a recent Act of Assembly, the state treasurer had the right to vote for each share of the capital stock of that • bank held by the commonwealth. If he had, then the election which had taken place, to be adjudged illegal and void. By the 7th section of the Act incorporating this bank, it was enacted, that the number of votes to which each stockholder shall be entitled shall be according to the number of shares he shall hold, in the proportions following;…

1Opinion of the Court

*177The opinion of the Court was delivered by

Gibson, C. J.

We have seldom, if ever, found the language of legislation so devoid of certainty as in the proviso before us. “Provided,” it is said, “that in the election, or nomination, of trustees, assignees', and all other officers, which may be elected to close the affairs of said bank, or otherwise, the State Treasurer shall attend, in person or by proxy, on behalf of the Commonwealth, and have as many votes for the State on her stock as though the shares of the same were held'by individuals, as the law now limits in relation to the election of…

2Cited by9 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 2015
  2. Connally v. General Construction Co.Supreme Court of the United States · 1926
  3. Sessions v. DimayaSupreme Court of the United States · 2018
  4. State ex inf. Crow v. West Side Street Railway Co.Supreme Court of Missouri · 1898
  5. Johnson v. United StatesSupreme Court of the United States · 2015

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API