Dalmas v. Philipsburg & Susquehanna Valley Railroad

Citations

• 254 Pa. 9
• 98 A. 796
• 1916 Pa. LEXIS 675

Syllabus

<p>Corporations — Railroad companies — Merger—Obligation of old corporation — Enforcement—Demurrer—Allegations of fact.</p> <p>1. The obligations of a railroad company which has been merged with another company under the Acts of March 24, 1865, P. L. 49, Section 4, May 29, 1901, P. L. 349, and March 31, 1905, P. L. 95, relating to the merger of corporations, became the obligations of the consolidated company and a suit to enforce such obligations must be brought against the consolidated company.</p> <p>2. In a suit in equity to compel a railroad company to deliver to plaintiff certain bonds, it appeared from the bill that defendant company had been merged with another railroad corporation and there was no evidence that subsequent to the merger the defendant had performed any corporate function whatever. The defendants demurred to the bill on the ground that it was not a proper party defendant. Held, the lower court properly sustained the demurrer and dismissed the bill.</p> <p>3. Where a bill in equity alleges that plaintiff was advised as to certain facts, a demurrer to the bill does not admit the existence of §uch facts but only admits that plaintiff was advised as to the existence thereof.</p>