Legal Opinion

Coolbaugh v. Herman

Supreme Court of Pennsylvania

Decided May 25, 1908No. Appeal, No. 376PublishedCited by 12 opinions

Appeal, No. 376, Jan. T., 1905, by plaintiff, from judgment of O. P. Northampton Co., Feb. T., 1907, No. 41, on verdict for defendant in case of Frank W. Coolbaugh v. Asher W. Herman. Quo warranto to determine right to office of director of a corporation. Before Stewart, J. The facts are stated in the opinion of the Supreme Court.

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Appeal, No. 376, Jan. T., 1905, by plaintiff, from judgment of O. P. Northampton Co., Feb. T., 1907, No. 41, on verdict for defendant in case of Frank W. Coolbaugh v. Asher W. Herman. Quo warranto to determine right to office of director of a corporation. Before Stewart, J. The facts are stated in the opinion of the Supreme Court. The court charged in part as follows : Now, as I have already said, the certificate of stock and the books of the company and this list which was furnished under the provisions of the act of 1874, that would be prima facie— or, in the first instance, to start off…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

■ This was a quo warranto to try the right of the defendant, Asher W. Herman, to hold the office of director of the Sterlingworth Railway Supply Company, a corporation of the state of Pennsylvania. At the annual election held January 22, 1907, certain shares of stock standing on the books in the name of “ William J. Kuebler, Trustee,” and “ Howard P. Kinsey, Trustee,” and “ Zearfoss and Hilliard, Trustees,” were voted by the parties named as trustees in favor of the defendant as a director. It was claimed by relator that these votes were illegal, and this was…

2Cited by12 opinions

  1. Deibert to Use. v. RhodesSupreme Court of Pennsylvania · 1927
  2. Altoona Mayor Substitute Nomination CaseSupreme Court of Pennsylvania · 1963
  3. Morrison v. Unemployment Compensation Board of ReviewSuperior Court of Pennsylvania · 1940
  4. Commonwealth Ex Rel. Duff v. EichmannSupreme Court of Pennsylvania · 1945
  5. Geyer v. Ausherman, Pennsylvania Court of Common Pleas, Franklin County1963

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