Guckert v. Hacke
Supreme Court of Pennsylvania
Appeal, No. 276, Oct. T., 1893, by plaintiff, Frank J. Guckert, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1891, No. 268, on verdict for defendants, Paul H. Hacke et al. Assumpsit against incorporators for debt of corporation.
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Appeal, No. 276, Oct. T., 1893, by plaintiff, Frank J. Guckert, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1891, No. 268, on verdict for defendants, Paul H. Hacke et al. Assumpsit against incorporators for debt of corporation. At the trial before Porter, J., it appeared that plaintiff entered into a contract to make some alterations and repairs in a building occupied by the Hughes & Gawthrop Co. In October, 1890, a certificate of incorporation in proper form was presented by the Hughes & Gawthrop Co. to the governor, asking for a charter. The certificate was approved and letters…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
It is essential to the creation of a corporation under an enabling statute that all material provisions should be substantially followed ; and, exemption from personal liability being one of the chief characteristics distinguishing corporations from partnerships and unincorporated joint stock companies, it follows that those who transact business upon the strength of an organization which is materially defective are individually liable, as partners, to those with whom they have dealt. What provisions are material must be gathered from the relation of each…
2Cases cited5 opinions
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