March v. Fairmount Creamery Ass'n
Superior Court of Pennsylvania
Appeal, No. 223, Oct. T., 1906, by plaintiff, from order of C. P. Chester Co., Aug. T., 1905, No. 46, refusing to take off nonsuit in case of J. Frank March v. Fairmount Creamery Association. Assumpsit to recover dividends on stock. Before Hemp-hill, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff had become a stockholder in the defendant corporation in 1887 and, if the evidence produced at the trial was true, had owned the twenty shares of stock, upon which he seeks in this action to recover the dividends, from the year 1892 down to the time the action was tried in the court below. The dividends upon the stock of this corporation are, by section 13 of the by-laws, designated as interest and it is provided that they shall be accounted for as a part of the current expenses, but it is manifest that the amount so paid to stockholders is a dividend on…
2Cases cited9 opinions
- Commonwealth v. Union LeagueSupreme Court of Pennsylvania · 1890
- Becker v. Berlin Benef. Society, Pennsylvania Court of Common Pleas, York County1891
- Marshall v. Pilots Ass'nSupreme Court of Pennsylvania · 1903
- Fitzsimmons v. LindsaySupreme Court of Pennsylvania · 1903
- Society for Visitation of Sick v. Commonwealth ex rel. MeyerSupreme Court of Pennsylvania · 1866
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3Cited by2 opinions
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