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LESAVOY INDUSTRIES v. PENNSYLVANIA GENERAL PAPER CORP. (06/02/61)

June 2, 1961

LESAVOY INDUSTRIES, INC.
v.
PENNSYLVANIA GENERAL PAPER CORP., APPELLANT.



Appeal, No. 152, Jan. T., 1961, from decree of Court of Common Pleas of Chester County, No. 1347, in equity, in case of Lesavoy Industries, Inc. v. Pennsylvania General Paper Corp. et al. Decree reversed.

COUNSEL

Harold E. Kohn, with him Dilworth, Paxson, Kalish, Kohn & Dilks, for appellants.

W. Edward Greenwood, with him Gawthrop & Greenwood, and Groman and Rapoport, for appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.

Author: Cohen

[ 404 Pa. Page 163]

OPINION BY MR. JUSTICE COHEN.

This is an appeal by defendants Pennsylvania General Paper Corporation and Arthur Price from a decree of the Court of Common Pleas of Chester County dismissing defendants' objections to the jurisdiction of the court.

The complaint alleges the following: The plaintiff, Lesavoy Industries, Inc., is a Pennsylvania corporation. Defendant corporation is a Pennsylvania corporation with its place of business in Chester County, Pennsylvania. Defendant Price is and has been at all material times a resident of the State of New York.

Lawrence Lesavoy, the owner of all the issued and outstanding stock of plaintiff corporation, executed and delivered to Allen Daniels a general power of attorney appointing him his attorney-in-fact or agent. Plaintiff corporation was the owner of fifty shares of stock of defendant corporation, which constituted all of the outstanding and issued stock of the defendant corporation.

Daniels acting as attorney-in-fact for Lesavoy entered into an agreement with Price, whereby for certain considerations Price was to receive twenty-six shares (52%) of the stock of the defendant corporation and Lesavoy was to cause a certificate for such stock to be issued in the name of Price. While admitting the form and contents of this agreement, plaintiff corporation

[ 404 Pa. Page 164]

    contends that it did not give power of attorney to Lesavoy (its sole shareholder) or to Daniels to enter into this agreement.

On July 31, 1953, a stock certificate representing twenty-six shares of stock was issued to Price. This certificate has been in his or his assignee's possession in New York from the date of issue to the present time. On the same date a certificate representing the remaining twenty-four shares (48%) was issued to Daniels, endorsed by him and delivered to Price and has been in ...


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