Weinman v. Wilkinsburg & E. L. P. Ry. Co.
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 2 OF ALLEGHENY COUNTY. No. 73 October Term 1887, Sup. Ct.; court below, No. 469 July Term 1886, C. P. On June 21,1886, the Wilkinsburg and East Liberty Passenger Railway Company brought suit in case against J. Weinman and A. N. Sutton, partners as Weinman & Co., to recover unpaid instalments on subscriptions to capital stock.
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ERROR TO THE COURT OF COMMON PLEAS NO. 2 OF ALLEGHENY COUNTY. No. 73 October Term 1887, Sup. Ct.; court below, No. 469 July Term 1886, C. P. On June 21,1886, the Wilkinsburg and East Liberty Passenger Railway Company brought suit in case against J. Weinman and A. N. Sutton, partners as Weinman & Co., to recover unpaid instalments on subscriptions to capital stock. The •narr. contained the following counts : For that whereas A. N. Sutton, one of the said defendants, heretofore to wit, on..... 1885, to wit, in the county of Allegheny aforesaid, became a subscriber to the articles of association…
1Opinion of the Court
Opinion,
Me. Justice Williams :
The assignments of error raise two questions for consideration. The first of these relates to the constitutionality of the act of assembly under which the defendant claims to exercise the powers of a corporation. The second is over the sufficiency of the alleged undertaking to pay, upon which the suit is brought.
The- title of the act of 1879, under which the defendant company was organized, is as follows : “ An act to provide for the incorporation and for the government and regulation of street railway companies now incorporated, or which may hereafter be…
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