Schmitt v. Potter Title & Trust Co.
Superior Court of Pennsylvania
Appeal, No. 192, April T., 1915, by defendant, from judgment of C. P. Allegheny Co., Jan. T., 1913, No. 1744, on verdict for plaintiff in case of Victor J. Schmitt, Receiver of the Interstate Lumber Company, v. Potter Title & Trust Company. Assumpsit to recover money alleged to have been wrongfully received.
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Appeal, No. 192, April T., 1915, by defendant, from judgment of C. P. Allegheny Co., Jan. T., 1913, No. 1744, on verdict for plaintiff in case of Victor J. Schmitt, Receiver of the Interstate Lumber Company, v. Potter Title & Trust Company. Assumpsit to recover money alleged to have been wrongfully received. Before Haymaker, J. At the trial the court admitted under objection and exception the charter of the Interstate Lumber Company although it had not been recorded in the office of the recorder of deeds. (4) Plaintiff offered in evidence a check of the Interstate Lumber Company, reading as…
1Opinion of the Court
Opinion by
Trexler, J.,
1. Objection is nrgecl that the corporation for which the plaintiff as receiver brings this suit had failed to record its charter as provided by law and that at the times the transactions involved in this suit took place the corporation was not legally chartered and therefore incapable of maintaining this action. It is true the Act of April 29, 1874, P. L. 73 (76), provides for the recording of the certificate of incorporation in the recorder’s office of the county where the chief operations of the company are to be carried on and “from thenceforth the subscribers…
2Cases cited15 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Ward v. City Trust Co. of New YorkNew York Court of Appeals · 1908
- Wilson v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Rochester & Charlotte Turnpike Road Co. v. PaviourNew York Court of Appeals · 1900
- Commonwealth v. Monongahela Bridge Co.Supreme Court of Pennsylvania · 1906
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Fehr v. CampbellSupreme Court of Pennsylvania · 1927
- Union Bank & Trust Co. v. Girard Trust Co.Supreme Court of Pennsylvania · 1932
- Pennsylvania Co. for Ins. v. Ninth Bk. T. Co.Supreme Court of Pennsylvania · 1931
- Columbia Casualty Co. v. Westmoreland CountySupreme Court of Pennsylvania · 1950
- Norristown-Penn Trust Co. v. MiddletonSupreme Court of Pennsylvania · 1930
9 more not listed; retrieve them via the Exa API.