Philadelphia & Gulf Steamship Co. v. Clark
Superior Court of Pennsylvania
Appeal, No. 97, Oct. T., 1914, by defendant, from judgment of Municipal Ct., Phila. Co., Jan. T., 1914, No. 96, on verdict for plaintiff in case of Philadelphia & Gulf Steamship Company in the hands of S. P. Wetherill, Jr., Receiver, v. Charles E. Clark. Assumpsit to recover an unpaid balance of stock subscription.
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Appeal, No. 97, Oct. T., 1914, by defendant, from judgment of Municipal Ct., Phila. Co., Jan. T., 1914, No. 96, on verdict for plaintiff in case of Philadelphia & Gulf Steamship Company in the hands of S. P. Wetherill, Jr., Receiver, v. Charles E. Clark. Assumpsit to recover an unpaid balance of stock subscription. Before Bonniwell, J. Prom the record it appeared that on November 5, 1909, the defendant agreed in writing to subscribe for fifteen shares of the capital stock of the Philadelphia & Gulf Steamship Company for which he agreed to pay $50.00 per share. At the time of the subscription…
1Opinion of the Court
Opinion by
Rice, P. J.,
1. Section 27,' art. 5, of the constitution relating to *421trial of civil cases by the court without a jury, is not so far self-executing as to be independent of the legislation regulating the practice under it: Com. ex rel. v. Mitchell, 80 Pa. 57. The first question for decision is whether, as to cases tried in the municipal court, the practice is regulated by the Act of April 22, 1874, P. L. 109, or by the act of July 12, 1913, establishing that court, and the rules adopted pursuant to its provisions. The act of 1874 is broad enough in terms to include civil cases…
2Cases cited15 opinions
- The Minnesota Rate CasesSupreme Court of the United States · 1913
- International Textbook Co. v. PiggSupreme Court of the United States · 1910
- Barrett v. City of New YorkSupreme Court of the United States · 1914
- Buck Stove & Range Co. v. VickersSupreme Court of the United States · 1912
- Allen v. Pullman's Palace Car Co.Supreme Court of the United States · 1903
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3Cited by10 opinions
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- Emerson C. Custis & Co. v. Tradesmans National Bank & Trust Co.Superior Court of Pennsylvania · 1944
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