Spellier Electric Time Co. v. Geiger

Citations

• 147 Pa. 399
• 23 A. 547
• 1892 Pa. LEXIS 864

Syllabus

<p>Affidavit of defence — Assessments on stock — Notice.</p> <p>In an action to recover assessments on stock, against a shareholder who was a director of the corporation plaintiff during a portion of the period in which the assessments were called, the defendant cannot relieve himself from liability by averring want of notice of the assessments, unless he states in his affidavit of defence how many and what assessments were called when he was not a member of the board. As to such assessments as were called while he was director he must be presumed to have knowledge.</p> <p>Judicial notice — Statutes of other states.</p> <p>Where a defendant resists payment of assessments on stock on the ground that notice of the assessments had not been published in accordance with the statutes of the state in which the plaintiff was incorporated, he must annex to his affidavit of defence copies of the statutes relied upon. Otherwise the court cannot decide whether the provisions for notice are directory or mandatory.</p>