Legal Opinion

Hammond v. Aluminum Co. of America

Supreme Court of Pennsylvania

Decided May 9, 1918No. Appeal, No. 52PublishedCited by 12 opinions

Appeal, No. 52, Oct. T., 1918, by plaintiff, from judgment of C. P. Allegheny Co., Jan. T., 1918, No. 1310, on demurrer to plaintiff’s statement of claim contained in affidavit of defense, in case of Benjamin D. Hammond v. Aluminum Company of America. Assumpsit for penalty prescribed by Section 24 of the Act of April 7,1849, P. L. 563. Motion for judgment on demurrer to plaintiff’s statement of claim contained in affidavit'of defense.

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Appeal, No. 52, Oct. T., 1918, by plaintiff, from judgment of C. P. Allegheny Co., Jan. T., 1918, No. 1310, on demurrer to plaintiff’s statement of claim contained in affidavit of defense, in case of Benjamin D. Hammond v. Aluminum Company of America. Assumpsit for penalty prescribed by Section 24 of the Act of April 7,1849, P. L. 563. Motion for judgment on demurrer to plaintiff’s statement of claim contained in affidavit'of defense. Before Shaper, P. J. The opinion of the Supreme Court states the facts. The court entered judgment for the defendant on the demurrer. Plaintiff appealed. Error…

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

The appeal is from a judgment entered sustaining a demurrer which appears in the affidavit of defense filed to an action brought to recover from the Aluminum Company of America, a corporation chartered under the general corporation Act of 29th April, 1874, P. L. 73, the penalty prescribed by the 24th section of the Act of 7th April, 1849, P. L. 563, which act, after prescribing that it shall be the duty of the directors of every such company, incorporated under the provisions of said act, to (cause a book to be kept by the treasurer or secretary thereof at the…

2Cases cited3 opinions

  1. Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
  2. Johnston's EstateSupreme Court of Pennsylvania · 1859
  3. Rhoads v. Hoernerstown Building & Savings Ass'nSupreme Court of Pennsylvania · 1876

3Cited by12 opinions

  1. Kistler v. Carbon CountySuperior Court of Pennsylvania · 1943
  2. Jenner Township Annexation CaseSuperior Court of Pennsylvania · 1966
  3. Snyder's AppealSupreme Court of Pennsylvania · 1930
  4. First Nat. Bank v. Pittsburgh, F. W. & C. Ry. Co.District Court, E.D. Pennsylvania · 1939
  5. Com. Ex Rel. v. MatthewsSupreme Court of Pennsylvania · 1931

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