Robinson v. Edinboro Academy
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Brie County. This was an action of assumpsit originating before a magistrate upon a contract of subscription, of which the following is a copy:— “We the undersigned, citizens of Edinboro and vicinity, feeling the necessity of an institution of learning in our midst, affording greater advantages for education than common schools, do hereby agree to pay to E. W. Gerrish, Prentice Burlingham, Josiah J. Compton, Alfred Green, I. B. Taylor,…
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Error to tbe Court of Common Pleas of Brie County. This was an action of assumpsit originating before a magistrate upon a contract of subscription, of which the following is a copy:— “We the undersigned, citizens of Edinboro and vicinity, feeling the necessity of an institution of learning in our midst, affording greater advantages for education than common schools, do hereby agree to pay to E. W. Gerrish, Prentice Burlingham, Josiah J. Compton, Alfred Green, I. B. Taylor, Wm. Proud and Nelson Clute, trustees for the purpose, the sums severally subscribed by each of us, for the purpose of…
1Opinion of the Court
The opinion of the court was delivered at Philadelphia, '
by Strong, J.
This is a very small case, and well illustrates the adage that the play is sometimes not worth the candle. It was tried in precise conformity to the principles laid down in 1 Wright, 210, and we do not discover that any errors were committed. The position of the plaintiff in error was that the benefit of his subscription could not enure to the corporation, without his direct and. express* assent to such a mode of organizing the original subscribers. The contract itself, however, provided for an organization, at- a meeting…
2Cited by1 opinion
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