Germantown Passenger Railway Co. v. Fitler
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Philadelphia: In Equity: No. 256, to January Term 1868. The proceedings in the court below were commenced, November 12th 1863, by a bill filed by Alfred Fitler against The German-town Passenger Railway Company.
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Appeal from the Court of Common Pleas of Philadelphia: In Equity: No. 256, to January Term 1868. The proceedings in the court below were commenced, November 12th 1863, by a bill filed by Alfred Fitler against The German-town Passenger Railway Company. The object of the bill was to compel the defendants to issue to the plaintiff certificates for 250 shares of their stock, for which he had originally subscribed, and which the directors of the company had declared forfeited for non-payment of instalments. The company was incorporated by virtue of an Act of Assembly of the 21st of April 1858,…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
— The Germantown Passenger Railway Company was incorporated, with a capital of 4000 shares of $50 each, by Act of Assembly, approved April 21st 1858, Pamph. L. 494, and hy a supplement of March 22d 1859, Pamph. L. 284, the stock was increased to 10,000 shares. The plaintiff below, after this supplement, became entitled to 250 shares, and paid in two instalments of $5 on each share. A third instalment of the same amount he refused to pay, and the directors declared his shares forfeited. He filed this bill in the court below to have this…
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