Mister v. Burkholder

Citations

• 56 Pa. Super. 517
• 1914 Pa. Super. LEXIS 115

Syllabus

<p>Corporations — Foreign corporations — Liability of stockholder — Statute of limitations — Foreign law — Conflict of laws.</p> <p>In an action by the receiver of a Maryland corporation against stockholders to enforce a statutory liability, the Pennsylvania courts must, under the Pennsylvania Act of June 26, 1895, P. L. 375, which provides “that when a cause of action has been fully barred by the laws of the state or country in which it arose such bar shall be a complete defense to an action thereon” in Pennsylvania, apply the Maryland statutes as construed by the courts of that state. If the Maryland courts have decided that the statute of limitations begins to run in favor of the stockholders only from the date of the order directing the receiver to bring suit, and not from the date of the decree adjudicating the corporation as insolvent, the Pennsylvania courts must conform to this decision; and this is the case although the decision was not rendered until after the case was tried in the lower court in Pennsylvania, and the appeal argued in the appellate court.</p>