Grubb v. Mahoning Navigation Co.
Supreme Court of Pennsylvania
Error to the Common Pleas of Jefferson county. This was an appeal by defendant from the judgment of a justice of the peace, in a suit by the President, Managers, and Company of the Mahoning Navigation Company, against John Grubb, to recover the amount of subscription for two shares, of $25 each, in the stock of the company.
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Error to the Common Pleas of Jefferson county. This was an appeal by defendant from the judgment of a justice of the peace, in a suit by the President, Managers, and Company of the Mahoning Navigation Company, against John Grubb, to recover the amount of subscription for two shares, of $25 each, in the stock of the company. The narr. alleged the existence of the act of 1st April, 1845, for the incorporation of the company, the appointment of commissioners to receive subscriptions, and the issuing of letters-patent; that the company was organized by the election of officers; and that Grubb…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
— That a plaintiff corporation need neither aver nor prove the fact of its incorporation, unless that fact be put in issue by a proper plea pleaded, would seem to be the doctrine declared in the case of Zion Church v. St. Peter’s Church, 5 W. Ser. 215. Other cases of authority, however, hold that though the charter of incorporation need not be specially set out in the pleadings, it is incumbent on the plaintiff to prove it on the trial of the general issue : Bank of United States v. Haskins, 1 Johns. Cases 132; Jackson v. Plumbe, 8 Johns. Rep.…
2Cases cited1 opinion
- Crozer v. LelandSupreme Court of Pennsylvania · 1839
3Cited by4 opinions
- Stegmaier v. Keystone Coal Co.Supreme Court of Pennsylvania · 1909
- Hastings v. SpeerSupreme Court of Pennsylvania · 1907
- Carroll v. ParryCourt of Appeals for the D.C. Circuit · 1919
- Ross v. Preferred Accident InsuranceHawaii Supreme Court · 1925