Miller v. Hanover Junction & Susquehanna Railroad
Supreme Court of Pennsylvania
'Error to the Court of Common Pleas of Lancaster county: Of May Term 1878, No. 80. Assumpsit by the Hanover Junction and Susquehanna Railroad Company against John Miller, to recover the amount of a subscription for stock. The company plaintiff was incorporated by Act of Assembly approved May 28th 1872, Pamph.
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'Error to the Court of Common Pleas of Lancaster county: Of May Term 1878, No. 80. Assumpsit by the Hanover Junction and Susquehanna Railroad Company against John Miller, to recover the amount of a subscription for stock. The company plaintiff was incorporated by Act of Assembly approved May 28th 1872, Pamph. L. 602. Miller subscribed for five shares of stock in a book which contained a form of subscription, which, after reciting the date of the Act of Assembly, &c., continued:— “And whereas, said act fixes the capital stock at $250,000, ten per centum of which must be subscribed, and one…
1Opinion of the Court
Mr. Justice (Jordon
delivered the opinion of the court,
By the paper, which we have before us, it appears that the stock to which the defendant subscribed, was designed for a special purpose ; that is to say, for the “ building and equipping of the extension of the Hanover Junction & Susquehanna Railroad, according *98to the survey made by the Philadelphia & Reading Railroad Company.”
When, therefore, the defendant signed this paper, he was thoroughly informed of the intended route of the proposed road, and of the fact that his subscription, with the others made and to be made, was to be…
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