Chatham National Bank v. Gardner
Superior Court of Pennsylvania
Appeal, No. 16, March T., 1096, by plaintiff, from judgment of C. P. Elk Co., April T, 1908, No. 230, on verdict for defendants incase of Chatham National Bank v. J. K. Gardner, A. M. McClain and George A. McClain, trading as the Gardner Shingle Company, Limited. Assumpsit on promissory notes. Before Mayer, P. J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for defendants. Verdict and judgment for defendants.
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Appeal, No. 16, March T., 1096, by plaintiff, from judgment of C. P. Elk Co., April T, 1908, No. 230, on verdict for defendants incase of Chatham National Bank v. J. K. Gardner, A. M. McClain and George A. McClain, trading as the Gardner Shingle Company, Limited. Assumpsit on promissory notes. Before Mayer, P. J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for defendants. Verdict and judgment for defendants. Plaintiff appealed. Error assigned was in directing a verdict for defendants.
1Opinion of the Court 1
Opinion by
Mobbison, J.,
This is an action of assumpsit brought to recover the amount of two certain promissory notes, against the defendants as general partners.
On September 26, 1900, the defendants attempted to form a limited partnership, under the provisions of the Act of June 2, 1874, P. L. 271, and the supplements to the said act. The defendants entirely failed to sign, acknowledge, and record a statement in writing in accordance with the provisions of said act. Subsequently, on February 28, 1901, an attempt was made to amend the articles of association by increasing the capital from…
Also in this document: Opinion of the Court · Gray.
2Cases cited18 opinions
- Falk v. MoebsSupreme Court of the United States · 1888
- Carpenter v. FarnsworthMassachusetts Supreme Judicial Court · 1871
- Hitchcock v. BuchananSupreme Court of the United States · 1882
- Phelan v. MossSupreme Court of Pennsylvania · 1871
- Maloney v. BruceSupreme Court of Pennsylvania · 1880
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3Cited by4 opinions
- Gutelius v. StanbonDistrict Court, D. Massachusetts · 1930
- Fairman Bros. v. Ogden Gas Co.Superior Court of Pennsylvania · 1932
- Hershey Estates v. RettewPennylvania Municipal Court, Philadelphia County · 1933
- Luba v. Bashline, Pennsylvania Court of Common Pleas, Mercer County1969