Barclay v. Lehigh Coal & Navigation Co.
Superior Court of Pennsylvania
Appeal, No. 152, Oct. T., 1906, by-defendant, from order of C. P. No. 1, Phila. Co.,-Sept. T., 1905, No. 4,240, making absolute rule for judgment for want of a sufficient affidavit of defense in case of William K. Barclay v. Lehigh Coal & Navigation Company. Assumpsit for a dividend. The facts appear by the opinion of the Superior Court. Error assigned was the order of the court making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Morrison, J.,
This is an action of assumpsit. On November 27, 1900, plaintiff was the registered owner of 149 shares of the capital stock of the defendant company, on which a dividend amounting to |223.50 had been duly declared, payable on that day. On *215November 26, 1900, defendant company deposited in the mail, postage prepaid, an envelope addressed to the plaintiff at liis proper address in Philadelphia, containing a check to plaintiff’s order, for $223.50, in payment of said dividend, pursuant to a written order, dated November 12, 1896, from the plaintiff to the defendant,…
2Cases cited2 opinions
- Bisbing v. GrahamSupreme Court of Pennsylvania · 1850
- Beaver Valley Lodge, No. 749, I. O. O. F. v. First National BankSuperior Court of Pennsylvania · 1898
3Cited by2 opinions
- Barclay v. Lehigh Coal & Navigation Co.Superior Court of Pennsylvania · 1909
- National Bank of Commerce v. SilverSuperior Court of Pennsylvania · 1925