Gordon v. Preston
Supreme Court of Pennsylvania
ERROR to tbe common pleas of Lancaster county. This was a feigned issue directed by the court of common pleas to try the validity of a mortgage by the President, Directors and Company for erecting a permanent bridge of the river Susquehannah at or near M’CalVs Ferry, to Jonas Preston and. Abraham Bailey.
Read the full summary
ERROR to tbe common pleas of Lancaster county. This was a feigned issue directed by the court of common pleas to try the validity of a mortgage by the President, Directors and Company for erecting a permanent bridge of the river Susquehannah at or near M’CalVs Ferry, to Jonas Preston and. Abraham Bailey. Daniel Gordon, the defendant in this issue, was a judgment creditor of the bridge company, and therefore interested to defeat the mortgage, by procuring a decision that it was invalid. His counsel, upon the trial of this issue, raised these points. 1. That the law creating the corporation did…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The exceptions in this multifarious record may be arranged under the following heads: 1. The power of the company to mortgage: 2. The legality of the meeting at which the mortgage was executed: 3. The amount of the mortgage debt being greater than the sum due to the mortgagees: 4. The validity of the acknowledgement and recording: 5. The power of the directors to, deal with the corporate property : 6. The competency of their declarations not made in a corporate meeting.
1. By the second section of the act of incorporation, the company was…
2Cases cited2 opinions
- Kershaw v. SuppleeSupreme Court of Pennsylvania · 1829
- Kilheffer v. HerrSupreme Court of Pennsylvania · 1828
3Cited by53 opinions
- Chouteau v. AllenSupreme Court of Missouri · 1879
- Hill v. RailroadSupreme Court of North Carolina · 1906
- City of St. Louis v. AlexanderSupreme Court of Missouri · 1856
- Davis v. Pennsylvania Co., Etc.Supreme Court of Pennsylvania · 1940
- First National Bank v. FrickeSupreme Court of Missouri · 1881
48 more not listed; retrieve them via the Exa API.