Legal Opinion

Hamilton v. Clarion R.

Pennsylvania Court of Common Pleas, Warren County

Decided October 5, 1891No. Nos. 46, 68PublishedCited by 3 opinions

Nos. 46, 68 July Term 1890, Sup. Ct.; court below, No. 20 June Term 1887, C. P. in Equity. On March 28,1887, George C. Hamilton, W. A. Irwin and Almon B. Hamilton, “ suing as well for themselves as for all other creditors of the Clarion, Mahoning & Pittsburgh Railroad Company, who, contributing to the expenses of this suit, may become parties thereto,” filed a bill in equity against the Clarion, Mahoning & Pittsburgh Railroad Company, S. S. Jackson, R. C. Winslow, E. A.…

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Nos. 46, 68 July Term 1890, Sup. Ct.; court below, No. 20 June Term 1887, C. P. in Equity. On March 28,1887, George C. Hamilton, W. A. Irwin and Almon B. Hamilton, “ suing as well for themselves as for all other creditors of the Clarion, Mahoning & Pittsburgh Railroad Company, who, contributing to the expenses of this suit, may become parties thereto,” filed a bill in equity against the Clarion, Mahoning & Pittsburgh Railroad Company, S. S. Jackson, R. C. Winslow, E. A. Liteh, admr. of Thomas K. Liteh, deceased, and others, averring in substance as follows : That the Mahoning & Susquehanna…

1Opinion of the Court

Opinion,

Mr. Chief Justice Paxson :

The opinion of the learned master covers this case so fully that an elaborate discussion of it is unnecessary. The main *59contention on the part of the appellants was that the Mahoning & Susquehanna Railroad Co., the Conewango & Clarion Railroad Co., and the Clarion, Mahoning & Pittsburgh Railroad Co., never had a legal corporate existence; that the said appellants, T. K. Litch, R. C. Winslow, and S. L. Jackson never became stockholders in the last-named company, and that said company was never so far organized that they could have complied with their…

2Cases cited2 opinions

  1. Bunn's AppealSupreme Court of Pennsylvania · 1884
  2. Cochran v. ArnoldSupreme Court of Pennsylvania · 1868

3Cited by3 opinions

  1. Commonwealth, to Use v. Merchants Nat. BankSupreme Court of Pennsylvania · 1936
  2. Myres v. VinsonMississippi Supreme Court · 1951
  3. Harrison v. Philadelphia Contributionship for Insurance of Houses from Loss by FireU.S. Circuit Court for the District of Eastern Pennsylvania · 1909

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