Philadelphia & Gulf Steamship Co. v. Pechin

Citations

• 61 Pa. Super. 401
• 1915 Pa. Super. LEXIS 343

Syllabus

<p>Corporations — Foreign corporations• — Receivers — Action on stoclc subscription — ■Statement of claim — Decree of appointment— Amount necessary to pay creditors..</p> <p>Iu an action upon a stock subscription brought in the Common Pleas of Philadelphia County by the receiver of a foreign corporation appointed by the United States District Court for the Eastern District of Pennsylvania, the statement of claim is not insufficient -to support a judgment for the plaintiff, because a copy of the decree appointing the receiver is not attached thereto, if it appears that the contract of subscription which is the basis of the action is annexed to this statement. Even if' the record of the suit in the Pederal Court should be considered as the foundation of the action, a mere reference to it is sufficient as such record is within the county.</p> <p>In such a case the statement of claim will not be deemed insufficient because it does not aver that the amount of the subscription was necessary for the payment of creditors.</p> <p>Contract — Misrepresentations — Contemporaneous agreement — Principal and agent.</p> <p>In an action on a contract the defendant cannot allege as a defense that he was induced to execute the contract by fraudulent misrepresentations where the misrepresentations alleged were not of an existing fact, but were merely promissory, and in the nature of an expression of opinion.</p> <p>Where a written contract provides that “this agreement cannot be altered, changed or modified in any manner whatsoever by any agent,” a party to the contract cannot defend against his liability under it, upon the ground of a broken oral agreement made with the agent of the other party, at and before the signing of the written contract.</p> <p>Corporations — Foreign corporations — Action by receiver — Doing business — Registration—Acts of April 22, 1874, P• L. 108, and June 8,1911, P. L. 711.</p> <p>In an action of the receiver of a foreign corporation to recover on a stock s