Pittsburgh & Connellsville Railroad v. Byers
Supreme Court of Pennsylvania
Error to the Common Pleas of Fayette county. This was an action of assumpsit, by The Pittsburgh and Connellsville Railroad Company against Matthew Byers, to recover the amount of three shares of the capital stock of the company, subscribed for by the defendant, on the 13th June 1847. Notice to pay up the subscriptions was published on the 1st March 1857, and this suit was brought on the 16th April 1857. The defendant pleaded, inter alia, the statute of limitations.
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Error to the Common Pleas of Fayette county. This was an action of assumpsit, by The Pittsburgh and Connellsville Railroad Company against Matthew Byers, to recover the amount of three shares of the capital stock of the company, subscribed for by the defendant, on the 13th June 1847. Notice to pay up the subscriptions was published on the 1st March 1857, and this suit was brought on the 16th April 1857. The defendant pleaded, inter alia, the statute of limitations. On the trial, the court reserved the point, whether the action was barred by the statute of limitations, and directed the jury to…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J. —
The defendant’s subscription was made on the 13th June 1847; the notice to pay was published March 1st 1857; and this suit was brought 16th April 1857.
The question is whether the statute of limitations is a defence.
The subscription was an ordinary contract of indebtedness. It was a promise to pay the company fifty dollars a share for three shares of their capital stock, “ in such manner and proportions, and at such time and places, as shall be determined by the *23board of directors, in pursuance of an Act of Assembly, entitled,” &c.
The…
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