Shamburg v. Abbott

Citations

• 121 Pa. 443
• 15 A. 576
• 1888 Pa. LEXIS 678

Syllabus

<p>(«) The plaintiff, a shareholder in an unincorporated joint stock banking company, sold his shares in 1872, and the insolvency and suspension of the company occurred in 1873.</p> <p>(6) After the suspension, the plaintiff, who had given no notice of the sale of his stock and of his retirement, was compelled to pay liabilities of the association accruing after he withdrew, when he brought assumpsit against the continuing shareholders to recover the moneys so paid.</p> <p>(e) The defendants all pleaded non assumpsit, the statute of limitations, and payment with leave, etc.; some of them a discharge in bankruptcy, in addition. One of them showed a separate composition under the provisions of the act of March 22, 1862, P. L. 167.</p> <p>(d) The verdict was in favor of the defendants: On error to the judgment entered, held :</p> <p>1. That, as this court had not been furnished with the pleadings in the case, and therefore, could judge of the issue in a general way only, and as the verdict was upon evidence sufficient to be submitted for consideration, no cause of reversal was apparent and the judgment was affirmed.</p>