Legal Opinion

Jeannette Bottle Works v. Schall

Superior Court of Pennsylvania

Decided March 21, 1900No. Appeal, No. 69PublishedCited by 3 opinions

Appeal, No. 69, April T., 1899, by-defendant, from judgment of C. P. Westmoreland Co., May T., 1895, No. 1020, on verdict for plaintiff. Opinion by W. D. Porter, J. Assumpsit upon a stock subscription. The facts are fully stated in the opinion of the court. The trial court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $220.26. Defendant appealed. Errors assigned were (1) in giving binding instructions for plaintiff.

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Appeal, No. 69, April T., 1899, by-defendant, from judgment of C. P. Westmoreland Co., May T., 1895, No. 1020, on verdict for plaintiff. Opinion by W. D. Porter, J. Assumpsit upon a stock subscription. The facts are fully stated in the opinion of the court. The trial court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $220.26. Defendant appealed. Errors assigned were (1) in giving binding instructions for plaintiff. (2) Ruling on evidence as stated in the opinion of the court.

1Opinion of the Court

Opinion by

W. D. Porter, J.,

This action was brought to recover the amount of a subscription for the stock of plaintiff company, made by defendant before the certificate of organization had been filed and charter issued. The subscription contract upon which this action is founded was as follows: “ Whereas, the citizens of Jeannette are forming an association to be chartered under the laws of Pennsylvania as the Jeannette Bottle Works. . Said Bottle Works to be located in the borough of Jeannette, Pa. That the capital stock of said company is to be $25,000, and shall consist of 1,250 shares of…

2Cases cited18 opinions

  1. Caley v. Philadelphia & Chester County RailroadSupreme Court of Pennsylvania · 1876
  2. Graff v. Pittsburgh & Steubenville RailroadSupreme Court of Pennsylvania · 1858
  3. Garrett v. Dillsburg & Mechanicsburg RailroadSupreme Court of Pennsylvania · 1875
  4. Bedford Railroad v. BowserSupreme Court of Pennsylvania · 1864
  5. Edinboro' Academy v. RobinsonSupreme Court of Pennsylvania · 1860

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3Cited by3 opinions

  1. Philadelphia Motor Speedway Ass'n v. SaleSuperior Court of Pennsylvania · 1918
  2. Altoona Sanitary Milk Co. v. ArmstrongSuperior Court of Pennsylvania · 1909
  3. In re Eureka Furniture Co.District Court, E.D. Pennsylvania · 1909

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