Corporation Funding & Finance Co. v. Stoffregen

Citations

• 264 Pa. 215
• 107 A. 727
• 1919 Pa. LEXIS 620

Syllabus

<p>Corporations — Stock subscription — Fraud—Waiver.</p> <p>1. A subscriber to tbe stock of an insolvent corporation cannot set up as a defense to an action to recover tbe amount of tbe subscription, fraud and misrepresentation, in the procuring of the subscription, where it appears that after the subscriber bad discovered tbe fraud be retained tbe certificates of stock, and received and retained several dividends thereon amounting to hundreds of dollars.</p> <p>Courts — Judges—Orphans’ court judge presiding in common pleas — Be facto judge — Act of July 19, 1918, P. L. 8J¡Jj.</p> <p>2. Where under tbe Act of July 19, 1913, P. L. 844, an orphans’ court judge specially presides in tbe court of common pleas, bis acts will be valid. Even if the- act were unconstitutional, be would be a judge de facto, and bis acts would be valid irrespective of the constitutionality of tbe act.</p> <p>Appeal — Supreme Court — Question not raised below.</p> <p>3. If objection to tbe right of tbe judge to preside, is not made in tbe common pleas, it cannot be made in tbe appellate court.</p>