Schofield v. Turner
Supreme Court of Pennsylvania
Appeal, No. 129, Oct. T., 1905, by defendant, from judgment of Superior Court, April T., 1905, No. 111, affirming judgment of C. P. No. 1, Allegheny Co., Dec. T., 1902, No. 866, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Charles S. Schofield, Receiver of the iEtna Mutual Live Stock Insurance Company v. Alfred Turner. Appeal from Superior Court.
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Appeal, No. 129, Oct. T., 1905, by defendant, from judgment of Superior Court, April T., 1905, No. 111, affirming judgment of C. P. No. 1, Allegheny Co., Dec. T., 1902, No. 866, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Charles S. Schofield, Receiver of the iEtna Mutual Live Stock Insurance Company v. Alfred Turner. Appeal from Superior Court. From the record it appeared that upon the application of the Attorney General, the iEtna Mutual Live Stock Insurance Company was, on June 29, 1895, declared insolvent by the court of common pleas of…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
• A misapprehension of what was decided in Swearingen v. Dairy Company, 198 Pa. 68, is doubtless responsible for this *549appeal. In that case the proceeding was instituted to compel the payment of balances due by stockholders for unpaid subscriptions to the capital stock of the insolvent corporation. The amount that each stockholder still owed on his stock was twenty-five per cent of its par value, a definite sum, which the company, at any time before its insolvency, might have called upon him to pay; but, until so called, there was no liability to pay, and the…
2Cases cited4 opinions
- Cook v. CarpenterSupreme Court of Pennsylvania · 1905
- Swearingen v. Sewickley Dairy Co.Supreme Court of Pennsylvania · 1901
- Eichman v. HerskerSupreme Court of Pennsylvania · 1895
- Smith v. BellSupreme Court of Pennsylvania · 1884
3Cited by9 opinions
- Sherman v. S. K. D. Oil Co.California Supreme Court · 1921
- Kirschler v. WainwrightSupreme Court of Pennsylvania · 1917
- In Re International Re-Insurance CorporationSupreme Court of Delaware · 1952
- Newton's EstateSuperior Court of Pennsylvania · 1911
- Kelly v. BanksNew York Supreme Court · 1963
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