Kimmell v. Greeting
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Somerset county. On the 26th of June, 1850, the defendant in error, who was the plaintiff below, brought an action on the case for a conspiracy against the plaintiffs in error, Benjamin Kimmell, Tobias Musser, Samuel Stuckey, John Alsop, William Will, and John Metzgar, who were the President and Managers of the Somerset and Bed-ford Turnpike Road Company.
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Error to the Court of Common Pleas of Somerset county. On the 26th of June, 1850, the defendant in error, who was the plaintiff below, brought an action on the case for a conspiracy against the plaintiffs in error, Benjamin Kimmell, Tobias Musser, Samuel Stuckey, John Alsop, William Will, and John Metzgar, who were the President and Managers of the Somerset and Bed-ford Turnpike Road Company. John Metzgar was not served with process, and there was no appearance entered for him. The action was similar in nature to the' case reported in 6 Harris, 156, Kimmell v. Stoner, and arose out of the…
1Opinion of the Court
The opinion of the court was delivered October 28, 1853, by
Lewis, J.
— All the defendants, except John- Alsop, were officers of the company in 1842, when the resolution was passed, directing John Metzgar, one of the managers, to go to Harrisburg, to purchase the stock of the company, then advertised to be sold at that place; and all of them were. officers at the time Metzgar made the purchase at Pittsburgh, in 1843, (the time and place of sale having been changed.) Without any rescission of the resolution, directing the purchase to be made for the benefit of-the company, these individuals…
2Cited by6 opinions
- Commonwealth v. ZuernSuperior Court of Pennsylvania · 1901
- Vulcanized Rubber & Plastics Co. v. ScheckterSupreme Court of Pennsylvania · 1960
- Howell v. McCloskeySupreme Court of Pennsylvania · 1953
- Caldwell & Riddle v. BoydSupreme Court of Pennsylvania · 1868
- Sheppard v. WardellSupreme Court of New Jersey · 1795
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