Car v. Elsbree
Car v. Elsbree
Opinion of the Court
Opinion by
Failure to append to the statement of claim, a copy of the
The remaining assignments may be disposed of together. Whatever the lack of harmony in the decisions in Pennsylvania in respect to the necessity for demand within six years from the contract of stock subscription in order to toll the statute of limitations, it is safe to say that a call made by a board of directors within six years from the date of a subscription payable under the by-laws as required by the directors, fixes the liability of the subscriber for the amount so-called, and that suit for the said amount by an assignee for creditors, brought within six years from the date of the call, is not barred by the statute. See Swearingen v. Sewickley Dairy Co., 198 Pa. 68, and cases there cited and discussed- This conclusion determines the main question raised by this appeal against the appellant.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.