Legal Opinion

Chaplin v. Griffin

Supreme Court of Pennsylvania

Decided January 3, 1916No. Appeal, No. 209PublishedCited by 9 opinions

Appeal, No. 209, Oct. T., 1915, by plaintiff, froa order of C. P. Allegheny Co., Oct. T., 1914, No. 1372, discharging the rule of plaintiff for judgment for want of a sufficient affidavit of defense, in case of James C. Chaplin, Trustee for himself, E. H. Jennings, John A. Bell, J. C. Reilly, James S. Kuhn, J. D. Callery, F. A. Griffin and William Flinn v. F. A. Griffin. Assumpsit on written contract.

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Appeal, No. 209, Oct. T., 1915, by plaintiff, froa order of C. P. Allegheny Co., Oct. T., 1914, No. 1372, discharging the rule of plaintiff for judgment for want of a sufficient affidavit of defense, in case of James C. Chaplin, Trustee for himself, E. H. Jennings, John A. Bell, J. C. Reilly, James S. Kuhn, J. D. Callery, F. A. Griffin and William Flinn v. F. A. Griffin. Assumpsit on written contract. Before Swearingen, J. From the record it appeared that plaintiff’s claim was based upon the following agreement: “EXHIBIT ‘A’ — MEMORANDUM OF AGREEMENT Between James C. Chaplin, party of the…

1Opinion of the Court

Opinion by

Me. Chief Justice Beown,

The words “pro rata” have a clearly defined and well understood meaning, “Pro rata: In proportion; proportionately; according to the share, interest or liability of each”: Webster’s International Dictionary. “Pro rata: Proportionately; according to a certain rate, percentage, or proportion”: Black’s Law Dictionary. In the agreement which is the basis of any claim the appellant has against the appellee, it is first provided that the stock is to be carried until such time as a majority of the signers may desire to dissolve the pool or “pro rate said stock”; the…

2Cases cited2 opinions

  1. Barnhart v. RiddleSupreme Court of Pennsylvania · 1857
  2. Centenary M. E. Church v. ClimeSupreme Court of Pennsylvania · 1887

3Cited by9 opinions

  1. Hendrie v. LowmasterCourt of Appeals for the Sixth Circuit · 1945
  2. Security Trust Co. v. StappSupreme Court of Pennsylvania · 1938
  3. Hollander v. FriedmanSupreme Court of Pennsylvania · 1948
  4. American Refining Co. v. Sims Oil Co.Court of Appeals of Texas · 1926
  5. Sarver's EstateSuperior Court of Pennsylvania · 1938

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