Galena Mining & Smelting Co. v. Frazier

Citations

• 20 Pa. Super. 394
• 1902 Pa. Super. LEXIS 247

Syllabus

<p>Corporations — Foreign corporations — Doing business in the state — Act of April 22, 1874, P. L. 108.</p> <p>A subscription to the capital stock of a foreign corporation is not a doing of business by that corporation within the commonwealth of Pennsylvania, within the meaning of the act of April 22, 1874. Subscription to stock is an incident to the erection of the corporation and is an act preliminary to the doing of that business for which incorporation is effected.</p> <p>In an action by a foreign corporation to recover assessments on stock, an-affidavit of defense is insufficient which avers that the plaintiff maintained an office in Philadelphia where the business of said corporation was carried on, and where the assessment was made, that- all the business relative to the issue of stock was conducted in Pennsylvania, and that the plaintiff had not complied with the act of April 22, 1874. In such a case the affidavit should state when the business was conducted at the office referred tó, and what was the character of the business.</p> <p>Practice, C. P. — Affidavit of defense — Inferences.</p> <p>To avail a defendant, the affidavit of defense must be complete and explicit, leaving nothing to inference; what is not alleged will be taken not to exist.</p>