Packard v. Thiel College

Supreme Court of Pennsylvania
Packard v. Thiel College, 209 Pa. 349 (Pa. 1904)
58 A. 670; 1904 Pa. LEXIS 628
Brown, Fell, Mestrezat, Potter, Thompson

Packard v. Thiel College

Opinion of the Court

Per Curiam,

The decree entered in this case is fully sustained by the reasons stated in the opinion of the court. By a special act of incorporation Thiel College was to be permanently located at such place in western Pennsylvania as should thereafter be determined by the trustees. After it had been permanently located by action of the trustees at Greenville, Mercer county, that place became as distinctly its only legal location as though it had been named in the charter. The plaintiffs, having contributed to a fund for the establishment and support of the college, have interests springing from their contract which differ from those of the public at large. While the Act of June 19, 1871, P. L. 1360, was not intended to permit an inquiry at the instance of a private suitor as to the validity of a charter or as to its forfeiture, it “ was intended to enlarge and mate clear the rights of individuals to inquire into the charter franchises of corporations when asserted to their individual injury Windsor Glass Co. v. Carnegie Co., 204 Pa. 459.

The decree is affirmed at the cost of the appellant.

Reference

Cited By
5 cases
Status
Published
Syllabus
Corporations—■Franchises—Parties—Equity—Act of June 19, 1871, P. L. 1360—College—Location. While the Act of June 19, 1871, P. L. 1360, was not intended to permit an inquiry at the instance of a private suitor as to the validity of a charter .or as to its forfeiture, it was intended to enlarge and make clear the rights of individuals to inquire into the charter franchises of corporations when asserted to their individual injury. Where an act for the incorporation of a college provides that the college shall be permanently located as shall hereafter be determined by the trustees, and the trustees have permanently located the college at a particular place, its location cannot be changed without an amendment of its charter. In such a case persons who have contributed funds for the establishment of the college in the place where it was located, have a standing to maintain a suit in equity to prevent its removal.