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SCHMIDT v. PAUL

377 Pa. 377 (1954)

Schmidt v. Paul, Appellant.

Supreme Court of Pennsylvania.

May 24, 1954.

Attorney(s) appearing for the Case

Sherman T. Rock, with him Theodore M. Burns, Jr. and Paul, Lawrence & Rock, for appellants.

Harry R. Levy, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE ALLEN M. STEARNE, May 24, 1954:

The liquidating receiver of an insolvent corporation commenced this suit by a complaint in equity to recover the purchase price due on defendants' subscriptions to corporate shares of stock. The learned court below accurately pointed out that the question "whether the burden of proof is upon the plaintiff or upon the defendants is all-important." It ruled that, since the...

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