Wellersburg & West Newton Plank Road Co. v. Hoffman
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany county. Assumpsit by the appellant against the appellee upon a subscription for forty shares of stock in said Plank Road Company, at $25 per share. Plea non assumpsit. Exception. The plaintiff offered in evidence the subscription book containing, among others, the defendant’s subscription for forty shares of stock.
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Appeal from the Circuit Court for Allegany county. Assumpsit by the appellant against the appellee upon a subscription for forty shares of stock in said Plank Road Company, at $25 per share. Plea non assumpsit. Exception. The plaintiff offered in evidence the subscription book containing, among others, the defendant’s subscription for forty shares of stock. The heading to these subscriptions is as follows: “We, the subscribers, do hereby obligate ourselves, our heirs, executors and administrators, to pay the Wellersburg & West Newton Plank Road Company the sum of twenty-five dollars for each…
1Opinion of the CourtEccleston, J.
The appellant claims a reversal of the judgment in this case, because the court committed an error by instructing the jury: “ That the commissioners who were authorised by the laws of Pennsylvania aforesaid to open boobs and receive subscriptions to the capital stock, were the only persons who had authority to receive subscriptions to the said capital stock of four thousand shares of twenty-five dollars per share, specified in said special act, and that no power existed in said company to receive subscriptions for any of said shares, and that the said pretended promissory note purporting to…
2Cited by3 opinions
- Cleaveland v. MullinCourt of Appeals of Maryland · 1903
- Farmers & Mechanics Bank v. NelsonCourt of Appeals of Maryland · 1858
- Taggart v. Western Maryland Rail RoadCourt of Appeals of Maryland · 1866