Wilson v. Whitaker
Supreme Court of Pennsylvania
Error, to the District Court of Philadelphia. This was an action of assumpsit, by Alexander Wilson against George P. Whitaker. The plaintiff declared on a contract by defendant to sell and deliver 45 or 47‡ shares of the stock of “Warren Foundry and Machine Shop Company,” to which defendant pleaded non assumpsit.
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Error, to the District Court of Philadelphia. This was an action of assumpsit, by Alexander Wilson against George P. Whitaker. The plaintiff declared on a contract by defendant to sell and deliver 45 or 47‡ shares of the stock of “Warren Foundry and Machine Shop Company,” to which defendant pleaded non assumpsit. Under the ruling of the court below there was a verdict and judgment in favour of plaintiff for $31.51,'who thereupon sued out this writ, and assigned for error the several matters mentioned in the opinion of this court. The chief point in controversy was as to the proper measure of…
1Opinion of the Court
The opinion of the court was delivered, by
Read, J.
The defendant was the owner of forty-five and one-tenth shares in the Warren Foundry and Machine Shop Company, carrying on business at Phillipsburgh, in New Jersey, opposite Easton. The plaintiff had been president and treasurer of the company, or acting as such until the 13th December 1859. He became a director on the 9th February 1857, and continued in office until the 11th February 1861. The defendant 'was in business in Philadelphia, and the plaintiff resided at Easton.
It appears that in October 1860 the plaintiff, through an agent, asked…
2Cited by3 opinions
- Gervis v. KaySupreme Court of Pennsylvania · 1928
- Reynolds v. CallenderSuperior Court of Pennsylvania · 1902
- Pittsburgh Hardware & Home Supply Co. v. BownCourt of Appeals for the Third Circuit · 1909