Harvey v. Weitzenkorn
Supreme Court of Pennsylvania
Appeal, No. 50, Jan. T., 1911, by plaintiff, from order of C. P. Luzerne Co., Feb. T., 1910, No. 602, discharging rule for judgment in case of Olin F. Harvey, Jr., trustee, Dion Manufacturing Company, bankrupt, v. Joseph K. Weitzenkorn. Assumpsit on stock subscription. Before McClure, P. J., specially presiding. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 50, Jan. T., 1911, by plaintiff, from order of C. P. Luzerne Co., Feb. T., 1910, No. 602, discharging rule for judgment in case of Olin F. Harvey, Jr., trustee, Dion Manufacturing Company, bankrupt, v. Joseph K. Weitzenkorn. Assumpsit on stock subscription. Before McClure, P. J., specially presiding. Rule for judgment for want of a sufficient affidavit of defense. The material portions of the affidavit of defense were as follows: Defendant avers that prior to July 16, 1907, the date set forth in plaintiff’s statement of defendant’s purported 'subscription of shares of the capital…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The appellant here alleges that the court below erred in discharging a rule for judgment for want of a sufficient affidavit of defense. The action was assumpsit to recover the amount of a subscription to capital stock. In his affidavit of defense, the defendant alleged that his subscription was conditional, and was made under a collateral agreement, by which he was allowed three months time in which to decide whether he would take the stock or not. Neither the statement of claim nor the affidavit of defense makes it clear whether the company had been incorporated…
2Cases cited6 opinions
- Wilson v. Bryn Mawr Trust Co.Supreme Court of Pennsylvania · 1909
- Philadelphia & Delaware County Railroad v. ConwaySupreme Court of Pennsylvania · 1896
- Miller v. Hanover Junction & Susquehanna RailroadSupreme Court of Pennsylvania · 1878
- Marles Carved Moulding Co. v. StulbSupreme Court of Pennsylvania · 1906
- Real Estate Trust Co. v. Riter-Conley Manufacturing Co.Supreme Court of Pennsylvania · 1909
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3Cited by3 opinions
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- Butts v. KingSupreme Court of Connecticut · 1924
- Industrial Profit Sharing Bank v. CarlisleSupreme Court of South Carolina · 1930