Graff v. Pittsburgh & Steubenville Railroad
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of assumpsit by The Pittsburgh and Steubenville Railroad Company against Elizabeth Graff, executrix of Henry Graff, deceased, to recover $5000, for one hundred shares of the stock of the said company, subscribed for by the said Henry Graff, in his lifetime. The defendant pleaded non assumpsit, and payment with leave, &c.
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Error to the District Court of Allegheny county. This was an action of assumpsit by The Pittsburgh and Steubenville Railroad Company against Elizabeth Graff, executrix of Henry Graff, deceased, to recover $5000, for one hundred shares of the stock of the said company, subscribed for by the said Henry Graff, in his lifetime. The defendant pleaded non assumpsit, and payment with leave, &c. On the trial, the plaintiffs called S. E. Yon Bonnhorst, who testified as follows:— “ I am secretary of the Pittsburgh and Steubenville Railroad Company; have been since January 1855; I have the control of…
1Opinion of the Court
*493The opinion of the court was delivered by
Woodward, J.
That a subscription to the stock of a railroad company creates a debt against the subscriber, from which he cannot relieve himself by an assignment or transfer made without the sanction of the directors, is a proposition so reasonable and just, and was so fully vindicated by O. J. Lewis in the case of this same company against Clarke & Thaw, 5 Casey 146, that it would be a waste of words to discuss it.
The transfer set up in this case is the very same that was condemned in that. Were we expected to hold it a nullity as to one subscriber and…
2Cases cited1 opinion
- Schuylkill Navigation Co. v. FarrSupreme Court of Pennsylvania · 1842
3Cited by13 opinions
- Pittsburg Construction Co. v. West Side Belt RailroadSupreme Court of Pennsylvania · 1909
- Wolf v. Excelsior Automatic Scale & Supply Co.Supreme Court of Pennsylvania · 1921
- Garrett v. Philadelphia Lawn Mower Co.Superior Court of Pennsylvania · 1909
- Philadelphia & Delaware County Railroad v. ConwaySupreme Court of Pennsylvania · 1896
- Keystone Wrapping Machine Co. v. BromeierSuperior Court of Pennsylvania · 1910
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