Rinesmith v. Peoples' Freight Railway Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Perry county: Of May Term 1879, No. 149. Debt by the Peoples’ Freight Railway Company against Henry Rinesmith, to recover instalments on a subscription to stock of said company. Subscriptions to the amount of $100,000 had been asked from Perry county, and of this amouut defendant subscribed ten shares.
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Error to the Court of Common Pleas of Perry county: Of May Term 1879, No. 149. Debt by the Peoples’ Freight Railway Company against Henry Rinesmith, to recover instalments on a subscription to stock of said company. Subscriptions to the amount of $100,000 had been asked from Perry county, and of this amouut defendant subscribed ten shares. This subscription he alleged was made upon the express condition, stated by the agent of the company at the time of the subscription, that the amount subscribed was not to be paid, unless the. whole contingent of Perry county was subscribed. Only $62,000…
1Opinion of the CourtJustice Sterrett
One of the main grounds of defence in the court below was that the subscription in suit was made not only on the written condition annexed thereto, but also upon the further express verbal conditions that the defendant should not be required to pay his subscription unless $100,000 of stock was subscribed in the county, and tha-t he should retain the subscription, or the book containing it, until that amount was actually subscribed. The evidence was clear that the written condition had been fully complied with, but the testimony as to the alleged verbal condition was directly conflicting. The…
2Cited by2 opinions
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