Car v. Elsbree

Citations

• 19 Pa. Super. 618
• 1902 Pa. Super. LEXIS 163

Syllabus

<p>Practice, C. P. — Pleading—Appending copy of writing to statement.</p> <p>Failure to append to the statement of claim a copy of the writing sued upon may defeat judgment for want of sufficient affidavit of defense, and may subject the plaintiff to rule for more specific statement, or to demurrer. Alter plea pleaded and issue joined upon the statement, the failure to append a copy does not prevent admission of the original writing in evidence if properly proven at the trial.</p> <p>Evidence — Witness—Refreshing memory — Memorandum in writing.</p> <p>A witness may be permitted to refresh his recollection from a written notice which, while not in his own handwriting, nevertheless, bore his signature, and which, according to the best judgment of the witness, was written at his order by the clerk employed by the company of which he was acting as temporary secretary.</p> <p>Corporations — Stock subscriptions — Calls — Statute of limitations — Assignment for creditors.</p> <p>A call made by a board of directors within six years from the date of a subscription payable under the by-laws as required by the directors, fixes the liability of the subscriber for the amount so-called, and suit for the said amount by an assignee for creditors, brought within six years from the date of the call, is not barred by the statute.</p>