Lieb v. Painter
Superior Court of Pennsylvania
Appeal, No. 42, Oct. T., 1909, by plaintiff, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1906, No. 1,746, on verdict for defendant in case of William S. Lieb v. Charles E. Painter. Assumpsit to recover back $1,000 paid by plaintiff to defendant under an alleged agreement on the part of the defendant to assign to plaintiff stock of a corporation in process of formation.
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Appeal, No. 42, Oct. T., 1909, by plaintiff, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1906, No. 1,746, on verdict for defendant in case of William S. Lieb v. Charles E. Painter. Assumpsit to recover back $1,000 paid by plaintiff to defendant under an alleged agreement on the part of the defendant to assign to plaintiff stock of a corporation in process of formation. Before Carr, J. At the trial plaintiff made the following offer: I offer to show by Loder that he was present at the time this note passed, this being corroborative of Mr. Leib’s statement that the transaction took place…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of assumpsit to recover $1,000, which, it was alleged by plaintiff, was paid by him to defendant under a contract of the latter to deliver to him therefor stock in a corporation then in process of formation. The statement of claim alleges that there was no other consideration for the payment than the promise and agreement of defendant to transfer the stock, and that the said consideration wholly failed by reason of the nonperformance by the defendant of his obligation. The contention of the defendant was that the plaintiff agreed to put $5,000 into the…
2Cases cited4 opinions
- Germantown Dairy Co. v. McCallumSupreme Court of Pennsylvania · 1909
- Rose v. FoordCalifornia Supreme Court · 1892
- Hudson v. WestSupreme Court of Pennsylvania · 1899
- Piper v. WhiteSupreme Court of Pennsylvania · 1867
3Cited by4 opinions
- William F. Mosser Co. v. Cherry River Boom & Lumber Co.Supreme Court of Pennsylvania · 1927
- Feingold v. KatzSuperior Court of Pennsylvania · 1910
- Eastburn v. GroveSuperior Court of Pennsylvania · 1917
- Knorr v. Knorr, Pennsylvania Court of Common Pleas, Columbia County2005