Carbon Spring Water Ice Co. v. Hawk
Superior Court of Pennsylvania
Appeal, No. 148, Oct. T., 1904, by defendant, from judgment of C. P. Northampton Co., June T., 1904, No. 10, for plaintiff on case stated in suit of Carbon Spring Water Ice Company v. Byron J. S. Hawk and Henry F. Laros, Executors of Henry E. Hawk, deceased. Before Case stated on an agreement in writing.
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Appeal, No. 148, Oct. T., 1904, by defendant, from judgment of C. P. Northampton Co., June T., 1904, No. 10, for plaintiff on case stated in suit of Carbon Spring Water Ice Company v. Byron J. S. Hawk and Henry F. Laros, Executors of Henry E. Hawk, deceased. Before Case stated on an agreement in writing. Before Schuyler, P. J. The case stated was as follows : 1. The above-named plaintiff is a corporation chartered under the laws of the state of Pennsylvania for the supply of ice to the public, with a capital stock of $30,000 divided into 300 shares of the par value of $100 each ; of this…
1Opinion of the Court
Opinion by
Rice, P. J.,
We do not regard it important that it is not admitted in the case stated that this was an agreement to lend money to the company. The agreement is in writing and is set forth at length in the case stated. The construction of the paper is for the court. Whether or not it is an agreement to lend is a question of law, not a question of fact: Nellis v. Coleman, 98 Pa. 465. It was signed by all of the stockholders of the company and is in the following words : “We, the undersigned stockholders of the Carbon Spring Water Ice Company, hereby agree to pay sixty-five per centum…
2Cases cited3 opinions
- Nelson v. Von BonnhorstSupreme Court of Pennsylvania · 1857
- Newport & Sherman Valley Railroad v. SeagerSuperior Court of Pennsylvania · 1898
- Nellis v. ColemanSupreme Court of Pennsylvania · 1881
3Cited by3 opinions
- Potter v. Leitenberger Machine Co.Superior Court of Pennsylvania · 1949
- Smith v. WeaverSuperior Court of Pennsylvania · 1909
- Draper Paper Mills v. Huff, Barnes & Opie, Inc.Superior Court of Pennsylvania · 1933