Auburn Bolt & Nut Works v. Shultz

Citations

• 143 Pa. 256
• 22 A. 904
• 1891 Pa. LEXIS 921

Syllabus

<p>[To be reported.]</p> <p>1. A subscriber to the capital stock of a manufacturing company, proposed to be incorporated under the act of April 29, 1871, P. L. 73, and its supplements, may withdraw his subscription at any time before the articles of incorporation are ready for filing in the office of the secretary of the commonwealth: Muncy Traction Engine Co. v. Green, post 269.</p> <p>2. The defendant subscribed to the stock of a proposed corporation, “ for the purpose of erecting a manufactory in the borough of Auburn.” The company having erected its plant, not in said borough but in an adjoining township, the subscription was not enforceable, though the company’s charter provided that its business was to be transacted “ in said borough.”</p> <p>3. Where a point is presented which, assuming that a certain question of fact is before the jury for determination, prays for instruction upon that assumption, the party presenting the point cannot afterward raise the objection in the Supreme Court that there was no evidence in the case justifying the submission of the question.</p>