Legal Opinion

Genesee-Fork Imp. Co. v. Ives

Pennsylvania Court of Common Pleas, Potter County

Decided October 5, 1891No. 435PublishedCited by 2 opinions

No. 435 January Term 1891, Sup. Ct.; court below, No. 205 (215 ?) December Term 1889, C. P. To the number and term of the court below, the GeneseeFork Improvement Company, incorporated under the act of June 22, 1883, P. L. 156, for the purpose of driving and floating saw-logs, lumber and timber on the Genesee fork of Pine creek, brought assumpsit against James Ives, to recover tolls charged. Issue.

Read the full summary

No. 435 January Term 1891, Sup. Ct.; court below, No. 205 (215 ?) December Term 1889, C. P. To the number and term of the court below, the GeneseeFork Improvement Company, incorporated under the act of June 22, 1883, P. L. 156, for the purpose of driving and floating saw-logs, lumber and timber on the Genesee fork of Pine creek, brought assumpsit against James Ives, to recover tolls charged. Issue. At the trial, on December 18, 1890, the plaintiff having put in evidence its charter of incorporation, dated March 16, 1888, proved that a bond had been executed by the company on March 24, 1888,…

1Opinion of the Court

*121Opinion,

Me. Justice Gbeen:

After the trial of this case the bond given by the appellee in the course of its organization proceeding under the fifth section of the act of 1883 was found. The condition of the bond is in exact conformity with the requirement of the fifth section. It was duly approved by the court on March 24, 1888, and was therefore a full compliance with the statutory requirement in that regard. It is still contended, however, that the plaintiff was obliged to file another bond under the fourth section of the act, before it could exercise its corporate franchise. While we do not…

2Cases cited5 opinions

  1. Struthers v. Dunkirk, Warren & Pittsburgh Railway Co.Supreme Court of Pennsylvania · 1878
  2. Cumberland Valley Railroad Company's AppealSupreme Court of Pennsylvania · 1869
  3. Boyle v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1867
  4. Parke's AppealSupreme Court of Pennsylvania · 1870
  5. Bennett's Branch Improvement Co.'s AppealSupreme Court of Pennsylvania · 1870

3Cited by2 opinions

  1. J. D. Halstead Lumber Co. v. Hartford Accident & Indemnity Co.Arizona Supreme Court · 1931
  2. Madunkeunk Dam & Improvement Co. v. E. F. Allen Clothing Co.Supreme Judicial Court of Maine · 1906

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API