Legal Opinion

M'Conahy v. Centre & Kishacoquillas Turnpike Road Co.

Supreme Court of Pennsylvania

Decided June 15, 1830Published

Writ of error to the special Court of Common Pleas of Mifflin county. This suit was brought by the President, Managers and Company ' of the Centre and Kishacoquillas Turnpike Road Company y, James M‘Conahy, to recover the amount of stock in ' said company subscribed by him, and which had been called in by resolutions of the said company. The whole case appears so fully in the opinion of the court, tha.t ,-any other statement is unnecessary.

1Opinion of the Court

The opinion of the court was delivered by

Smith, J.

This case again comes before this court for decision, and I regret that we are a second time under the necessity of reversing the judgment of the court of Common Pleas. It was an action of assumpsit, brought by the defendants in error, against the plaintiff in error, the defendant below, for the amount of his subscription of five shares- of fifty dollars each, to the stock of the Centre and Kishacoquillas turnpike road company. On the trial of the cause, after the plaintiffs below, had given some evidence in support of their action, they…

2Cases cited4 opinions

  1. Miller v. HendersonSupreme Court of Pennsylvania · 1823
  2. Hamilton v. ElliottSupreme Court of Pennsylvania · 1819
  3. President of the Centre v. M'ConabySupreme Court of Pennsylvania · 1827
  4. Sweigart v. LowmarterSupreme Court of Pennsylvania · 1826

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