Legal Opinion

Ball v. Anderson

Supreme Court of Pennsylvania

Decided May 21, 1900PublishedCited by 9 opinions

Appeal, No. 387, Jan. T., 1899, by plaintiff, from judgment of C. P. Chester Co., Jan. T., 1893, No. 57, on verdict for defendant, in case of William E. Ball, Trustee, v. Joseph Anderson, executor of Eber Anderson, deceased. Assumpsit against a stockholder of a foreign corporation.

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Appeal, No. 387, Jan. T., 1899, by plaintiff, from judgment of C. P. Chester Co., Jan. T., 1893, No. 57, on verdict for defendant, in case of William E. Ball, Trustee, v. Joseph Anderson, executor of Eber Anderson, deceased. Assumpsit against a stockholder of a foreign corporation. From the record it appeared that the action was-brought by a Kansas judgment creditor of a Kansas corporation against a Pennsylvania stockholder therein to collect from the latter so much of plaintiff’s judgment, as equaled the par value of defendant’s stock. The action was based upon the Kansas act of October 31,…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

The question of the right of an individual creditor of an insolvent Kansas corporation to sue an individual stockholder in this state, came before us in Cushing v. Perot, 175 Pa. 66. We there expressed the opinion that the liability of the stockholder, though imposed by statute was contractual in its nature, and should be enforced by any court having jurisdiction of the parties.

We further held that the extent and character of the obligation under the Kansas statutes must be determined by the law as interpreted by the Kansas courts. But the statute was full of…

2Cases cited2 opinions

  1. Cushing v. PerotSupreme Court of Pennsylvania · 1896
  2. Sleeper v. NorrisSupreme Court of Kansas · 1898

3Cited by9 opinions

  1. Squire v. FridenbergSuperior Court of Pennsylvania · 1936
  2. Sullivan v. FarnsworthTennessee Supreme Court · 1915
  3. Knickerbocker Trust Co. v. MyersU.S. Circuit Court for the District of Middle Pennsylvania · 1904
  4. Commercial National Bank v. KirkSupreme Court of Pennsylvania · 1909
  5. Keystone Wrapping Machine Co. v. BromeierSuperior Court of Pennsylvania · 1910

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