Columbus Land Co. v. McNally
Supreme Court of Pennsylvania
Columbus Land Co. v. McNally, 172 Pa. 158 (Pa. 1895)
33 A. 339; 1895 Pa. LEXIS 748
Dean, Fell, Green, McCollum, Mitchell, Sterertt, Williams
Columbus Land Co. v. McNally
Opinion of the Court
While the defendant admits that he “ wrote ” his name to the paper, a copy of which is annexed to the affidavit of claim, he says he did not fill out any number of shares in the company which he was willing to take; but he does not deny that he wrote, opposite his name in the money column, 1,000, indicating that the amount or par value of the stock for which he subscribed was 11,000. The affidavit of defense is evidently evasive, and the court below was clearly right in treating it as insufficient.
Judgment affirmed.
Reference
- Full Case Name
- Columbus Land Company v. James A. McNally
- Status
- Published
- Syllabus
- Affidavit of defense — Evasive affidavit — Corporation—Stock subscription. In an action of assumpsit upon a stock subscription, where the subscription paper shows the name of the defendant, the number of shares of stock subscribed and their money value, an affidavit of defense which admits the signature, but denies that the defendant filled out the number of shares is evasive, inasmuch as it does not deny that defendant wrote opposite his name the amount in the money column, thus indicating the par value of the stock for which he subscribed; and a rule for judgment in such case should be made absolute.