Githers v. Clarke
Supreme Court of Pennsylvania
Appeal, No. 290, Oct. T., 1892, by defendants, W. D. Clarke et al, from order of C. P. Beaver Co. June T., 1891, No. 409, making absolute rule for judgment for want of sufficient affidavit of defence by W. D. Clark et al., directors of Workingmen’s Cooperative Assn. Rule for judgment, for want of sufficient affidavit of defence, in assumpsit against directors of corporation to hold them personally liable for debts of company.
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Appeal, No. 290, Oct. T., 1892, by defendants, W. D. Clarke et al, from order of C. P. Beaver Co. June T., 1891, No. 409, making absolute rule for judgment for want of sufficient affidavit of defence by W. D. Clark et al., directors of Workingmen’s Cooperative Assn. Rule for judgment, for want of sufficient affidavit of defence, in assumpsit against directors of corporation to hold them personally liable for debts of company. Before Wickham, P. J. Plaintiffs’ statement claimed to recover for a bill of goods sold in March and April, 1890, to the corporation. It further averred: “ The directors…
1Opinion of the Court
Opinion by
Me. Justice McCollum;,
This is a judgment entered for want of a sufficient affidavit of defence. The defendants therein are the appellants here, and in 1890 they were directors of the Workingmen’s Cooperative Association of Beaver Falls, Pa., which was duly incorporated in February, 1887, under the act of April 14, 1868, P. L. 100. By the 5th section of this act the directors were required to make an annual statement in writing signed by a majority of them, “ including the treasurer,” showing the condition of the association and “ setting forth the amount of capital stock, the number…
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