Keystone Wrapping Machine Co. v. Bromeier
Superior Court of Pennsylvania
Appeal, No. 43, April T., 1909, by defendant, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1904, No. 1,764, on verdict for plaintiff in case of Keystone Wrapping Machine Company v. Charles H. Bromeier. Assumpsit on stock subscription. Before Sharer, J. At the trial the plaintiff offered in evidence the stock subscription which was as follows: “Keystone Wrapping Machine Company.
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Appeal, No. 43, April T., 1909, by defendant, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1904, No. 1,764, on verdict for plaintiff in case of Keystone Wrapping Machine Company v. Charles H. Bromeier. Assumpsit on stock subscription. Before Sharer, J. At the trial the plaintiff offered in evidence the stock subscription which was as follows: “Keystone Wrapping Machine Company. “Incorporated “ Capital Stock $500,000.00. Par Value of Shares $25.00 Each “Main Office, 32-33 Schmidt Building, Pittsburg, Pa. “J. H. Felmlee, President, Order No........... “J. C. Thoburn, Secretary, Shares…
1Opinion of the Court
Opinion by
Head, J.,
The defendant having admitted the genuineness of the signature attached to the instrument sued on, it is clear he could not successfully assail the integrity of the paper by his own testimony alone. "It has been many times decided in cases of actions upon subscription contracts, that it is not competent to defeat such a written contract by 'setting up agreements made in parol with the agents who procure the *387subscriptions:” Railroad Co. v. Conway, 177 Pa. 364. As the defendant was not able to come up to the standard of the proof required by law in this respect, his effort by…
2Cases cited8 opinions
- Musser v. StaufferSupreme Court of Pennsylvania · 1899
- Musser v. StaufferSupreme Court of Pennsylvania · 1896
- Graff v. Pittsburgh & Steubenville RailroadSupreme Court of Pennsylvania · 1858
- Philadelphia & Delaware County Railroad v. ConwaySupreme Court of Pennsylvania · 1896
- Ball v. AndersonSupreme Court of Pennsylvania · 1900
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3Cited by8 opinions
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- Kansas, O. & G. RY. Co. v. HelveringCourt of Appeals for the Third Circuit · 1941
- Stoddard v. KlineSuperior Court of Pennsylvania · 1912
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