Legal Opinion

Stevens v. Phila. Ball-Club

Pennsylvania Court of Common Pleas, Philadelphia County

Decided April 27, 1891No. 228PublishedCited by 4 opinions

No. 228 January Term 1891, Sup. Ct.; court below, No. 617 September Term 1887, C. P. No. 4. On September 30, 1887, John S. Stevens brought assumpsit against the Philadelphia Ball-Club, Limited, filing a statement of claim to recover upon the following’ note: $5,000. Philadelphia, July 15,1887. Two months after date we promise to pay to the order of John I. Rogers, treasurer, five thousand dollars at Columbian Bank, without defalcation, value received. [Indorsed] Philadelphia…

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No. 228 January Term 1891, Sup. Ct.; court below, No. 617 September Term 1887, C. P. No. 4. On September 30, 1887, John S. Stevens brought assumpsit against the Philadelphia Ball-Club, Limited, filing a statement of claim to recover upon the following’ note: $5,000. Philadelphia, July 15,1887. Two months after date we promise to pay to the order of John I. Rogers, treasurer, five thousand dollars at Columbian Bank, without defalcation, value received. [Indorsed] Philadelphia Ball-Club, Limited. John I. Rogers, Treasurer. John I. Rogers, Treasurer. On the left-hand end of the note, over the…

1Opinion of the Court

Per Curiam :

The learned referee and the court below held that the note in question was negotiable. That it was so in form is not disputed. It was signed by the treasurer, and his authority to do so was expressly found by the referee. It was urged, however, that the fact that the seal of the Philadelphia Ball-Club, Limited, was attached, destroyed its negotiability.

The association was organized under the act of 1874, providing for the creation of limited partnerships. Such associations were referred to, in Oak Ridge Coal Co. v. Rogers, 108 Pa. 147, as quasi corporations. They are certainly…

2Cases cited2 opinions

  1. Mason v. FrickSupreme Court of Pennsylvania · 1884
  2. Oak Ridge Coal Co. v. RogersSupreme Court of Pennsylvania · 1885

3Cited by4 opinions

  1. Andrews Bros. v. Youngstown Coke Co.Court of Appeals for the Sixth Circuit · 1898
  2. Youngstown Coke Co. v. Andrews Bros.U.S. Circuit Court for the District of Northern Ohio · 1897
  3. McKean v. CommissionerUnited States Board of Tax Appeals · 1929
  4. Luba v. Bashline, Pennsylvania Court of Common Pleas, Mercer County1969

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