Benjamin v. Holgate
Superior Court of Pennsylvania
Appeal, No. 34, March T., 1912, by defendants, from judgment of C. P. Lackawanna Co., Jan. T., 1909, on verdict for plaintiff in case of Fred R. Benjamin v. M. H. Holgate et al. Assumpsit to recover back money had and received. Before Savidge, P. J., specially presiding.
Read the full summary
Appeal, No. 34, March T., 1912, by defendants, from judgment of C. P. Lackawanna Co., Jan. T., 1909, on verdict for plaintiff in case of Fred R. Benjamin v. M. H. Holgate et al. Assumpsit to recover back money had and received. Before Savidge, P. J., specially presiding. At the trial there was evidence tending to show that M. H. Holgate acting for himself and Victor Koch, H. A. Kaufhold and A. B. Dunning, had contracted to sell certain shares of stock of a mining company to plaintiff; that plaintiff had paid Holgate for these shares, but had never received the certificates. Benjamin’s case…
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff brought this action of assumpsit to recover the purchase money paid by him for stock in a mining corporation, alleging that the defendants had contracted to deliver the certificate for the stock upon his payment of the contract price, that he had completed the payment of the full amount of the purchase money on February 25, 1907, that he had repeatedly thereafter demanded that the defendants deliver to him the stock certificate which they had failed to do, that on or about September 15, 1907, he demanded of the defendants that they deliver to him the stock…
2Cases cited6 opinions
- Mundorff v. WickershamSupreme Court of Pennsylvania · 1870
- American Life Insurance v. McAdenSupreme Court of Pennsylvania · 1885
- Wheeler & W. Mfg. Co. v. Aughey, Pennsylvania Court of Common Pleas, Juniata County1891
- Pennsylvania Railroad v. KellerSupreme Court of Pennsylvania · 1871
- Pantall v. Rochester & Pittsburg Coal & Iron Co.Supreme Court of Pennsylvania · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kalbach v. Marine-Galligan Co.Superior Court of Pennsylvania · 1927
- Harvey v. National Drug Co., Pennsylvania Court of Common Pleas, Philadelphia County1937
- Wax v. Roydhouse Arey Co.Superior Court of Pennsylvania · 1915