Philadelphia & Gulf Steamship Co. v. Soeffing

Citations

• 59 Pa. Super. 429

Syllabus

<p>Courts — Municipal courts — Trial of case by jury — Appeals—Assigrvments of error — Review.</p> <p>1. Where a case is tried in the municipal court of Philadelphia county without a jury, and counsel for the defendant without presenting points or requests for special findings, asks the trial judge at the conclusion of the evidence “to find a verdict for defendant,” and no exception is taken to the implied refusal of this request, and the judgment subsip quently entered, and errors assigned on appeal are (1) “not finding a verdict for defendant as requested” and (2) “finding a verdict in favor of the plaintiff and entering judgment thereon,” the only question legitimately raised by the assignments is whether the judgment is regular and responsive to the issue presented by the pleadings.</p> <p>Corporations — Receiver—Foreign corporations — Registration—-Stock subscription — Interstate commerce — Defenses.</p> <p>2. In an action by a receiver of a foreign corporation to recover on a stock subscription if it appears that the only business of the company was that of interstate commerce, the defendant cannot set up as a defense that the company had not been registered in compliance with the Pennsylvania statutes.</p> <p>3. In such a case the defendant cannot sot up as a defense “that the company was incorporated under the laws of the state of Delaware not for the purpose of conducting any business in Delaware, but for the purpose of avoiding the laws of the state of Pennsylvania.”</p> <p>4. To obtain a charter under the laws of another state because it can be obtained easier and with less expense, is not a fraud which vitiates the charter and opens it to collateral attack in an action brought upon an otherwise valid contract.</p>