President of the Delaware v. Sansom
Supreme Court of Pennsylvania
IN this cause the following case w~ stated for the opinion of the Court: "The legislature of Pennsylvania, by an act passed on the " 10th April 1792, entitled ` an act to enable the Governor of "the commonwealth to incorporate a company for opening a "canal and water communication between the rivers Dela"ware and Schuylkill, and for other purposes therein men"tioned,' appointed David Ritten/thuse and others, commis"sioners to do and perform the ~everal duties thereinafter…
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IN this cause the following case w~ stated for the opinion of the Court: "The legislature of Pennsylvania, by an act passed on the " 10th April 1792, entitled ` an act to enable the Governor of "the commonwealth to incorporate a company for opening a "canal and water communication between the rivers Dela"ware and Schuylkill, and for other purposes therein men"tioned,' appointed David Ritten/thuse and others, commis"sioners to do and perform the ~everal duties thereinafter men"tioned; and among other things directed that the said corn- " missioners should procure a book or books, and therein…
1Opinion of the Court
*75The opinion of the court was delivered by
Yeates J.
The court have no difficulty in this case. The terms of subscription must no doubt be taken with the act at large, but there is nothing in the act to annul the unconditional and express promise demanded by the first section. The power given to the compariyby the tenth section is merely discretionary; the penalty is in favour of the company, it is intended to enforce the payment of the subscription, and they may waive it as they have done in this case. As to the original shares then, there. must be judgment for the plaintiffs for the sum…
2Cited by13 opinions
- Webster v. UptonSupreme Court of the United States · 1876
- Hartford & New-Haven Rail Road v. KennedySupreme Court of Connecticut · 1838
- Northern Railroad v. MillerNew York Supreme Court · 1851
- Taunton & South Boston Turnpike Corp. v. WhitingMassachusetts Supreme Judicial Court · 1813
- Bell's AppealSupreme Court of Pennsylvania · 1887
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