Bucher v. Dillsburg & Mechanicsburg Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Oumberland county: Of May Term 1874, No. 61. This was an action of assumpsit, brought to April Term 1872 of the court below, by The Dillsburg & Mechanicsburg Eailroad Company against Eobert C. Bucher. The plaintiffs were incorporated under the Eailroad Law of April 4th 1868, Pamph. L. 62, 2 Br.
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Error to the Court of Common Pleas of Oumberland county: Of May Term 1874, No. 61. This was an action of assumpsit, brought to April Term 1872 of the court below, by The Dillsburg & Mechanicsburg Eailroad Company against Eobert C. Bucher. The plaintiffs were incorporated under the Eailroad Law of April 4th 1868, Pamph. L. 62, 2 Br. Purd. 1211. The first section of the law authorizes any number of citizens of Pennsylvania, not less than nine, to form a company to construct and operate a railroad, and for that purpose to make and sign articles of association, stating the name of the company,…
1Opinion of the CourtJustice Gordon
The proposition made by the defendant to prove that his subscription to the stock of the proposed railroad was made upon a blank sheet of paper, with the distinct arrangement with Brinks, who acted as agent in taking up the subscriptions, that it should not have any binding force, or be attached to the “ heading,” until *312he had an opportunity of inspecting and approving that instrument, was material, and the court should have admitted it.
The Act of April 4th 1868, sect. 1, under which this railroad company was organized, reads as follows: “ Any number of citizens of Pennsylvania, not less than…
2Cited by1 opinion
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