Legal Opinion

Altoona Sanitary Milk Co. v. Armstrong

Superior Court of Pennsylvania

Decided February 26, 1909No. Appeal, No. 9PublishedCited by 1 opinion

Appeal, No. 9, Oct. T., 1908, by defendant, from judgment of O. P. Blair Co., June T., 1905, No. 134, on verdict for plaintiff in case of Altoona Sanitary Milk Company v. T. J. Armstrong. Assumpsit to recover a stock subscription. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $603.83. Defendant appealed. Error assigned was in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

Porter, J.,

■ This action is brought to recover the amount of a subscription by the defendant to the capital stock of the plaintiff corporation. The only ground of defense, so far as the specifications of error are concerned, was that the defendant was relieved of liability because of the connection of the Industrial Construction Company, of Chicago, a corporation of the state of Illinois, with the contract which included the subscription of the defendant to the capital stock of the plaintiff corporation. The fact that the Illinois corporation, at the time of the execution of the…

2Cases cited6 opinions

  1. Graff v. Pittsburgh & Steubenville RailroadSupreme Court of Pennsylvania · 1858
  2. Philadelphia & Delaware County Railroad v. ConwaySupreme Court of Pennsylvania · 1896
  3. Edinboro' Academy v. RobinsonSupreme Court of Pennsylvania · 1860
  4. Shober's Administrators v. Lancaster County Park Ass'nSupreme Court of Pennsylvania · 1871
  5. Braddock Electric Railway Co. v. BilySuperior Court of Pennsylvania · 1899

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3Cited by1 opinion

  1. Kramer v. HamsherSuperior Court of Pennsylvania · 1916

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