President of Hibernia Turnpike Road v. Henderson
Supreme Court of Pennsylvania
In Error. A WRIT of error having issued to the Court of Comp’ *. ° . . . • mon Pleas or Lancaster county, the case appeared to be thm •_ ■ ■ ■ums •— . - The plaintiffs in error brought an action against the dant in error to recover the sum of five dollars, claimed -as due from the latter on his subscription for a share in the stock of the Company.
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In Error. A WRIT of error having issued to the Court of Comp’ *. ° . . . • mon Pleas or Lancaster county, the case appeared to be thm •_ ■ ■ ■ums •— . - The plaintiffs in error brought an action against the dant in error to recover the sum of five dollars, claimed -as due from the latter on his subscription for a share in the stock of the Company. The defendant subscribed his to a written promise in the form prescribed by the Act of •Assembly by which the Company was incorporated, to pay the sum of fifty dollars for each and every share set opposite to his name. By this Act of Assembly, which…
1Opinion of the Court
Tilghman C. J.
The defendant signed a positive writ-
ten promise to pay fifty dollars, “in such manner, and proportions, and at such times, as shall be determined by The President and Managers, in pursuance of the said Act of Assembly.” It is to be observed, that at the time of subscription, there were no President and Managers in existence. —-there was no body corporate in existence. But, when fifty persons, or more, should have .subscribed two hundred shares of the stock, the commissioners were to certify, under, their hands and seals, the names of the subscribers, and the number of shares,…
2Cases cited9 opinions
- President of the Goshen & Minisink Turnpike Road v. HurtinNew York Supreme Court · 1812
- Mitchell v. SmithSupreme Court of Pennsylvania · 1804
- President of the Delaware v. SansomSupreme Court of Pennsylvania · 1803
- President of the Highland Turnpike v. M'KeanNew York Supreme Court · 1814
- Lessee of M'Rhea v. PlummerSupreme Court of Pennsylvania · 1807
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3Cited by7 opinions
- Ryder v. Alton & Sangamon RailroadIllinois Supreme Court · 1852
- Clark v. Monongahela Navigation Co.Supreme Court of Pennsylvania · 1840
- Dickinson v. KingSupreme Court of Vermont · 1856
- Leighty v. President of the Susquehanna & Waterford Turnpike Co.Supreme Court of Pennsylvania · 1826
- Davis v. MeadeSupreme Court of Pennsylvania · 1825
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