Weiss v. Mauch Chunk Iron Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Qarbon county: to January Term 1868, No. 296. This was an action of debt, $88,819.50 by Edward Weiss, Edward Lippincott and Elias Miner, lately trading as Weiss, Lippincott & Miner, to the use of the administrators of Peter Laubach, deceased, against the Mauch Chunk Iron Company, O. H. Wheeler and fourteen others, as stockholders of said company.
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Error to the Court of Common Pleas of Qarbon county: to January Term 1868, No. 296. This was an action of debt, $88,819.50 by Edward Weiss, Edward Lippincott and Elias Miner, lately trading as Weiss, Lippincott & Miner, to the use of the administrators of Peter Laubach, deceased, against the Mauch Chunk Iron Company, O. H. Wheeler and fourteen others, as stockholders of said company. The suit was commenced, June 1st 1859, and was under section 5 of a supplement to the Manufacturing Act of 1849, passed March 27th 1854, (Pamph. L. 215, Purd. 694, pi. 82), which provides that the stockholders…
1Opinion of the Court
The opinion of the court was delivered, July 2d 1868, by
Sharswood, J.
The whole case of the plaintiffs rests upon the foundation that the agreement of April 8th 1856 was a sale by them to the Mauch Chunk Iron Company, for the price at which the property should be appraised by the referees named, payable in stock of the company. Is this the legal effect of the instrument ? The counsel for the plaintiffs admit that it is drawn in a bungling manner; for it certainly does not express on its face any such engagement as is contended. There is no agreement by the company to pay the sum ascertained by…
2Cases cited3 opinions
- Butcher v. CarlileSupreme Court of Virginia · 1855
- Kelly v. FosterSupreme Court of Pennsylvania · 1809
- Camp v. Bank of OwegoSupreme Court of Pennsylvania · 1840
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