Cushing v. Perot
Supreme Court of Pennsylvania
Appeal, No. 178, July T., 1885, by defendant, from order of C. P. No. 1, Pkila. Co., Dec. T., 1894, No. 760, making absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit to enforce a liability of a stockholder of a eorporar tion of the state of Kansas, imposed by the laws of Kansas.
Read the full summary
Appeal, No. 178, July T., 1885, by defendant, from order of C. P. No. 1, Pkila. Co., Dec. T., 1894, No. 760, making absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit to enforce a liability of a stockholder of a eorporar tion of the state of Kansas, imposed by the laws of Kansas. The plaintiff’s statement was as follows: Nathan Cushing, the plaintiff in the above case, claims of the defendant, T. Morris Perot, the sum of $5,000, which sum is justly due and owing by the defendant to the plaintiff, upon the cause of action whereof the following is a statement:…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The affidavit sets up three grounds of defense, first, that defendant is a citizen and resident of Pennsylvania and is not bound by the laws of Kansas under which the liability is claimed to arise; secondly, that he is a creditor of the Western Farm Mortgage Trust Company, as well as a stockholder, and presumably that he claims a right of set-off against the liability ,if it exists, and thirdly, that suit has already been brought and judgment obtained against him in Kansas on his liability as a stockholder and execution has been levied on his real estate there.
Th…
2Cases cited11 opinions
- Attorney-General v. Guardian Mutual Life InsuranceNew York Court of Appeals · 1879
- Pfohl v. . SimpsonNew York Court of Appeals · 1878
- Howell v. A. Manglesdorf & Co.Supreme Court of Kansas · 1885
- Minnesota Thresher Manufacturing Co. v. LangdonSupreme Court of Minnesota · 1890
- Patterson v. StewartSupreme Court of Minnesota · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Brothers v. Girard National BankSupreme Court of Pennsylvania · 1915
- Lyons v. BenneySupreme Court of Pennsylvania · 1911
- State Bank v. KirkSupreme Court of Pennsylvania · 1907
- Cochran v. ShetlerSupreme Court of Pennsylvania · 1926
- Hale v. HardonCourt of Appeals for the First Circuit · 1899
26 more not listed; retrieve them via the Exa API.