Darlington v. Clemson

Citations

• 41 Pa. Super. 309
• 1909 Pa. Super. LEXIS 59

Syllabus

<p>Equity — Equity pleading — Demurrer — Corporation — Stockholders— Contribution — Amendment.</p> <p>1. A bill in equity filed by a stockholder of a corporation against other stockholders to compel them to contribute their respective proportionate shares of a judgment recovered against the plaintiff and paid by him for a debt of the company, is defective, if it does not show the number of shares held by each of the parties, and contains no prayer for discovery.</p> <p>2. Such a bill is fatally defective which does not aver in clear terms that the judgment obtained against the plaintiff was for the indebtedness of the corporation. Such an averment cannot be supplied by inference.</p> <p>3. Where a bill clearly demurrable was dismissed without the plaintiff making any application to the court below for leave to amend as provided by equity rule XXXV, he cannot complain in the appellate court of the action of the lower court in sustaining the demurrer without giving him an opportunity to amend his bill.</p>