Everhart v. West Chester & Philadelphia Railroad
Supreme Court of Pennsylvania
Error to the Common Pleas of Chester county. This was an action of assumpsit brought by The West Chester and Philadelphia Railroad Company, to recover from William. Everhart the amount of one hundred shares of capital stock of the company subscribed by him, together with the penalty of one per centum per month for non-payment imposed by the act of incorporation.
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Error to the Common Pleas of Chester county. This was an action of assumpsit brought by The West Chester and Philadelphia Railroad Company, to recover from William. Everhart the amount of one hundred shares of capital stock of the company subscribed by him, together with the penalty of one per centum per month for non-payment imposed by the act of incorporation. By an Act of Assembly, passed the 11th April, 1848, Everhart and others were appointed commissioners to receive subscriptions to the stock, and the governor was authorized to issue letters patent incorporating the subscribers, when…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
There are two principal questions in this case, the first whereof is whether the several Acts of Assembly supplemental to the acts which incorporated the company, wrought such essential and radical changes in the constitution and objects of the company as to release the defendant from the payment of the instalments on the stock for which he had subscribed.
The first of these supplemental acts, passed the 7th January, 1853, authorized the stockholders to elect three additional managers.
The next, passed the 27th February, 1854, enacted that…
2Cases cited5 opinions
- Middlesex Turnpike Corp. v. LockeMassachusetts Supreme Judicial Court · 1811
- Middlesex Turnpike Corp. v. SwanMassachusetts Supreme Judicial Court · 1813
- Gray v. Monongahela Navigation Co.Supreme Court of Pennsylvania · 1841
- Clark v. Monongahela Navigation Co.Supreme Court of Pennsylvania · 1840
- Trevor v. PerkinsSupreme Court of Pennsylvania · 1840
3Cited by2 opinions
- In re O'HaraDistrict Court, M.D. Pennsylvania · 1908
- Mutual Insurance Charter Amendment, Pennsylvania Department of Justice1949