Pittsburgh & Steubenville Railroad v. Gazzam
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of assumpsit hy The Pittsburgh and Steuben-ville Railroad Company against Edward D. Gazzam, to recover the amount of a subscription of 120 shares to the capital stock of the said company, and the penalty provided for the non-payment of the instalments as called for. On the trial, the court below, after hearing the plaintiffs’ evidence, directed a nonsuit.
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Error to the District Court of Allegheny county. This was an action of assumpsit hy The Pittsburgh and Steuben-ville Railroad Company against Edward D. Gazzam, to recover the amount of a subscription of 120 shares to the capital stock of the said company, and the penalty provided for the non-payment of the instalments as called for. On the trial, the court below, after hearing the plaintiffs’ evidence, directed a nonsuit. And, on a motion to take it off, the following opinion was delivered by Hampton, P. J., in which the facts of the case are very fully stated:— “ This was an action of…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J. —
The facts are so fully stated and discussed in the opinion of the learned president of the District Court, and the nonsuit so conclusively justified, that no additional observations seem to be demanded of us, except perhaps an observation or two on a very curious Act of Assembly.
As the case presents itself to our eye, it is an attempt by the corporation plaintiff to appropriate a promise made by the defendant to no particular party, but for a purpose specifically different from that which the plaintiff was incorporated to promote. “ For…
2Cited by12 opinions
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- Bunting v. GoldsteinSupreme Court of Pennsylvania · 1925
- Bloom v. VauclainSupreme Court of Pennsylvania · 1938
- Daley v. IselinSupreme Court of Pennsylvania · 1907
- Berninger v. Sunbury, Hazleton & Wilkes-Barre Railway Co.Supreme Court of Pennsylvania · 1902
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