Legal Opinion

Kramer v. Hamsher

Superior Court of Pennsylvania

Decided May 8, 1916No. Appeal, No. 12Published

Appeal, No. 12, March T., 1916, by plaintiff, from order of C. P. Cumberland Co., Feb. T., 1915, No. 40, discharging rule for judgment for want of a sufficient affidavit of defense in case of Calvin A. Kramer, et al., Receivers of the Farmers’ Produce Company, v. D. M. Hamsher. Before Orlady, P. J., Rule for judgment for want of a sufficient affidavit of defense.

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Appeal, No. 12, March T., 1916, by plaintiff, from order of C. P. Cumberland Co., Feb. T., 1915, No. 40, discharging rule for judgment for want of a sufficient affidavit of defense in case of Calvin A. Kramer, et al., Receivers of the Farmers’ Produce Company, v. D. M. Hamsher. Before Orlady, P. J., Rule for judgment for want of a sufficient affidavit of defense. The statement of plaintiffs set forth that the defendant, on the 25th day of November, 1911, signed a certain paper, as follows: “Whereas certain citizens of Harrisburg and vicinity are forming a company to be chartered 'under the…

1Opinion of the Court

Opinion by

Kephart, J.,

The appellee was a subscriber to one share of stock in the Farmers’ Produce Company. The subscription agreement stated that the capital stock of the company was to be $30,000.00, and consist of three hundred shares of $100.00 each. From the statement it appears that of this capital some $26,000.00 was paid in in cash, leaving a balance unpaid, of which the defendant’s subscription was a part, and that because of insolvency receivers had been appointed to wind up its affairs; all the assets of the company had been reduced to cash and distributed, leaving a balance due…

2Cases cited6 opinions

  1. Howard v. TurnerSupreme Court of Pennsylvania · 1893
  2. Capital City Mutual Fire Insurance ex rel. Kramer v. BoggsSupreme Court of Pennsylvania · 1895
  3. Philadelphia & Gulf Steamship Co. v. ClarkSuperior Court of Pennsylvania · 1915
  4. French v. HardingSupreme Court of Pennsylvania · 1912
  5. Van Dyke v. BakerSupreme Court of Pennsylvania · 1906

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