Legal Opinion

Fell v. Pitts

Supreme Court of Pennsylvania

Decided January 4, 1919No. Appeal, No. 170PublishedCited by 22 opinions

Appeal, No. 170, Oct. T., 1918, by defendants, from decree of C. P. Allegheny Co., Jan. T., 1916, No. 1655, in equity, imposing personal liability upon director of an insolvent corporation, in the case of W. B. Fell, Trustee in Bankruptcy of the T. D. Gardner Company, Bankrupt, v. E. W. Pitts and George W. Peterson. Bill in equity to enforce personal liability of directors of an insolvent corporation.

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Appeal, No. 170, Oct. T., 1918, by defendants, from decree of C. P. Allegheny Co., Jan. T., 1916, No. 1655, in equity, imposing personal liability upon director of an insolvent corporation, in the case of W. B. Fell, Trustee in Bankruptcy of the T. D. Gardner Company, Bankrupt, v. E. W. Pitts and George W. Peterson. Bill in equity to enforce personal liability of directors of an insolvent corporation. Before Swearingen, J. The facts appear in the opinion of the Supreme Court. Errors assigned were certain findings of fact and conclusions of law, rulings on evidence, and the decree of the…

1Opinion of the Court

Opinion by

Mr. Justice Walling,

This suit in equity is to enforce the personal liability of directors of an insolvent corporation.

In 1906, the T. D. Gardner Company of McKeesport was duly chartered as a Pennsylvania corporation to engage in the real estate and insurance business. Prior thereto the business had been conducted by T. D. ■ Gardner of that city, who turned over to the corporation his business and good will and became its president and principal stockholder. The authorized capital stock of the corporation was $100,000, of which stock to the par value of $47,600 was issued in shares…

2Cases cited9 opinions

  1. Kelly v. MillerSupreme Court of Pennsylvania · 1915
  2. Coddington v. CanadayIndiana Supreme Court · 1901
  3. Weiskircher v. ConnellySupreme Court of Pennsylvania · 1917
  4. Cornell v. SeddingerSupreme Court of Pennsylvania · 1912
  5. Loan Society v. EavensonSupreme Court of Pennsylvania · 1915

4 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Sinclair Refining Co. v. Midland Oil Co.Court of Appeals for the Fourth Circuit · 1932
  2. Jackson v. Conneautville Borough School DistrictSupreme Court of Pennsylvania · 1924
  3. Cochran v. ShetlerSupreme Court of Pennsylvania · 1926
  4. Cohen v. MausSupreme Court of Pennsylvania · 1929
  5. Mishkin v. Temple Beth ElSupreme Court of Pennsylvania · 1968

17 more not listed; retrieve them via the Exa API.

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