Simons v. Vulcan Oil & Mining Co.
Supreme Court of Pennsylvania
Error, to the District Court of Philadelphia: No. 53, to January Term 1869. This was an action of assumpsit brought, December 9th 1865, by The Vulcan Oil and Mining Company against Henry Simons and William H. Weeks. The declaration was in the common count's.
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Error, to the District Court of Philadelphia: No. 53, to January Term 1869. This was an action of assumpsit brought, December 9th 1865, by The Vulcan Oil and Mining Company against Henry Simons and William H. Weeks. The declaration was in the common count's. The plaintiffs’ bill of particulars was in substance as follows: — Before December 1864 the defendants began measures for the incorporation of a company, under the Act of July 18th 1863, for incorporating companies for mining, and other purposes, and had articles, dated December- 5th 1864, drawn up and signed by themselves and others. A…
1Opinion of the Court
The opinion of the court was delivered, May 11th 1869, by
Thompson, C. J.
A great point of contest on the trial below was as to the capacity in which the defendants acted in acquiring *217the territory on which operations in mining for oil were to be inaugurated and carried on by a company intended to be formed; and whether they professed to their associates and the public that they had purchased it for the company and were conveying it to the company at original cost, content like other shareholders to take their chance of profits out of the stock to be issued. There was much testimony on the…
2Cited by12 opinions
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