Auburn Bolt & Nut Works v. Shultz
Supreme Court of Pennsylvania
No. 211 July Term 1890, Sup. Ct.; court below, No. 117 March Term 1888, C. P. On January 17, 1888, the Auburn Bolt & Nut Works, a corporation, brought assumpsit against Dr. D. L. Shultz, to recover a subscription by the defendant for ten sitares of the capital stock of the plaintiff company. The defendant pleaded non-assumpsit.
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No. 211 July Term 1890, Sup. Ct.; court below, No. 117 March Term 1888, C. P. On January 17, 1888, the Auburn Bolt & Nut Works, a corporation, brought assumpsit against Dr. D. L. Shultz, to recover a subscription by the defendant for ten sitares of the capital stock of the plaintiff company. The defendant pleaded non-assumpsit. At the trial, on September 17, 1889, the following facts were shown: On March 1, 1887, the defendant subscribed his name to a paper in the following form: “ We, the undersigned, obligate ourselves to pay the amount set opposite our respective names for the purpose of…
1Opinion of the Court
Opinion,
Mr. Justice McCollum:
It is too late to object that there was no evidence that Shultz gave notice to the appellant company before the fifth of April, 1887, of his intention to withdraw from it. The point was not made in the court below, but on the contrary Jhe company requested the court to charge the jury: “ That if the defendant failed to give notice to the company of his intention to withdraw from the same before the fifth day of April, A. D. 1887, when the articles of incorporation were ready to file with the secretary of the commonwealth, his subscription to pay became absolute…
2Cases cited8 opinions
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- Garrett v. Dillsburg & Mechanicsburg RailroadSupreme Court of Pennsylvania · 1875
- Edinboro' Academy v. RobinsonSupreme Court of Pennsylvania · 1860
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- Shober's Administrators v. Lancaster County Park Ass'nSupreme Court of Pennsylvania · 1871
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3Cited by6 opinions
- Hanley v. Fidelity & Casualty Co.Supreme Court of Iowa · 1917
- Jeannette Bottle Works v. SchallSuperior Court of Pennsylvania · 1900
- In re Eureka Furniture Co.District Court, E.D. Pennsylvania · 1909
- Hawthorn Bottle Co. v. CribbsSuperior Court of Pennsylvania · 1912
- Quaker City Apartment House Co. v. MatthewsSuperior Court of Pennsylvania · 1902
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