Robinson v. Pittsburgh & Connellsville Railroad
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of assumpsit by The Pittsburgh and Connellsville Railroad Company, against William Robinson, Jr., to recover $5000, for 100 shares of the stock of the said company, subscribed for by the defendant on the 17th February 1853. The facts of the case are sufficiently stated in the charge of the court below, which was delivered by Williams, J.:— “This is an action to recover the unpaid instalments alleged to be…
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Error to the District Court of Allegheny county. This was an action of assumpsit by The Pittsburgh and Connellsville Railroad Company, against William Robinson, Jr., to recover $5000, for 100 shares of the stock of the said company, subscribed for by the defendant on the 17th February 1853. The facts of the case are sufficiently stated in the charge of the court below, which was delivered by Williams, J.:— “This is an action to recover the unpaid instalments alleged to be due on one hundred shares of the capital stock of the Pittsburgh and Connellsville Railroad Company, subscribed for by the…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J. —
The assignments of error are all founded on the charge of the court, and are supported by such verbal criticisms as are easy to be made; but which amount to nothing when they overlook the plain purport, intent, and drift of the language used. In looking through the charge of the learned judge, we think it was more favourable to the defendant than it should have been.
*339For instance, he puts the answer to the first ground of defence on the incapacity of parol evidence to control the written subscription, whereas he might have set aside that…
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