Philadelphia & Gulf Steamship Co. v. Clark

Citations

• 59 Pa. Super. 415
• 1915 Pa. Super. LEXIS 93

Syllabus

<p>Courts — Municipal courts — Method of trial without a jury — Practice, C.P.</p> <p>1. In eases tried without a jury by the municipal court of Philadelphia county, the practice in respect to the trial is not regulated by the Act of April 22, 1874, P. L. 109, requiring distinct findings of fact and conclusions of law.</p> <p>2. The benefits of the Act of April 22, 1905, P. L. 286, may be obtained by presenting a point for binding instructions, and in case of its refusal moving for judgment in accordance with the provisions of that act; the substantial benefits flowing from detailed findings may be obtained by presenting pertinent written points and excepting to the answers; if no points for findings of fact or conclusions of law are presented the court may make a general finding or decision without stating separately and distinctly the facts and conclusions of law which led to it.</p> <p>3. Section 27 of art. 7 of the constitution of Pennsylvania relating to trial of civil cases by the court without a jury, is not so far self-executing as to be independent of the legislation regulating the practice under it.</p> <p>Receivers — Foreign corporation — Suit for stock subscription — Proof of foreign law~Eiridence.</p> <p>4. In an action brought pursuant to a decree of the court having jurisdiction of the receivership of a foreign corporation, not only authorizing but directing the receiver to, collect the balances unpaid on the subscriptions to the capital stock of the company, it is not necessary in a suit against a subscriber, for the receiver to prove the laws of the state in which the company was incorporated and compliance therewith; nor if it appears that the defendant had paid part of his subscription, is it necessary to prove that the whole of the amount claimed was needed to pay debts of the corporation.</p> <p>5. Where a person subscribes to the stock of an existing corporation, and pays an installment on his subscription, and is subsequently sued for the bala