Interstate Distributing Co. v. Connell
Superior Court of Pennsylvania
Appeal, No. 4, Feb. T., 1911, by plaintiff, from judgment of C. P. Lycoming Co., Dec. Term, 1909, No. 372, on certificate against the plaintiff in case of Interstate Distributing Company to use of Freiberg & Workum Company v. Cornelius D. Connell and William J. Connell, now or late trading as Connell Brothers. Assumpsit on book accounts.
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Appeal, No. 4, Feb. T., 1911, by plaintiff, from judgment of C. P. Lycoming Co., Dec. Term, 1909, No. 372, on certificate against the plaintiff in case of Interstate Distributing Company to use of Freiberg & Workum Company v. Cornelius D. Connell and William J. Connell, now or late trading as Connell Brothers. Assumpsit on book accounts. The facts are stated in the opinion of the Superior Court, and the charge which was in part as follows: What was the financial condition of this corporation on April 21, 1908? Mr. Connell says that the president of this corporation had always said to him, and…
1Opinion of the Court
Opinion by
Head, J.,
The plaintiff's case was the ordinary one to recover the price of goods sold and delivered. There was no denial of *557the receipt of the goods; no contention as to the correctness of the prices charged. The plaintiff’s case prima facie was therefore complete.
The defendants had subscribed and paid for ten shares of the capital stock of The Interstate Distributing Company, the legal plaintiff, and one of them, C. D. Connell, was elected one of its directors and occupied that position at the time of the alleged transaction or arrangement on which the defense to this action is…
2Cases cited5 opinions
- Everson v. FrySupreme Court of Pennsylvania · 1872
- Pottsville Bank v. Minersville Water Co.Supreme Court of Pennsylvania · 1905
- Coleman v. Columbia Oil Co.Supreme Court of Pennsylvania · 1865
- Downey v. TharpSupreme Court of Pennsylvania · 1870
- Blair v. MathiottSupreme Court of Pennsylvania · 1864
3Cited by1 opinion
- Winchell v. Plywood Corp.Massachusetts Supreme Judicial Court · 1949