Legal Opinion

Mercantile Library Hall Co. v. Pittsburg Library Ass'n

Supreme Court of Pennsylvania

Decided January 6, 1896No. Appeal, No. 16PublishedCited by 13 opinions

Appeal, No. 16, Oct. T., 1895, by-plaintiffs, from decree of C. P. No. 1, Allegheny Co., March T., 1891, No. 962, on bill in equity. Bill in equity for the cancellation of a lease. The case was referred to W. B. Rodgers, Esq., as master, who reported the facts to be as follows: FINDING OF FACTS. I. This is a bill filed by the Mercantile Library Hall Company against the Pittsburg Library Association, Jos. Home & Co., R. M. Gulick & Co., The Syria Temple, Jos.

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Appeal, No. 16, Oct. T., 1895, by-plaintiffs, from decree of C. P. No. 1, Allegheny Co., March T., 1891, No. 962, on bill in equity. Bill in equity for the cancellation of a lease. The case was referred to W. B. Rodgers, Esq., as master, who reported the facts to be as follows: FINDING OF FACTS. I. This is a bill filed by the Mercantile Library Hall Company against the Pittsburg Library Association, Jos. Home & Co., R. M. Gulick & Co., The Syria Temple, Jos. Albree, T. Brent Swearingen, Jas. F. Hudson and Wm. R. Thompson. The object of the bill was to set aside a perpetual lease made to the…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

This is a regrettable controversy between two corporations occupying to each other practically the position of trustee and cestui que trust, both having the same end and object in view, but differing in opinion as to the time and mode of accomplishment. By the action of the trustee’s agent, its former board of managers, the corpus of the trust has been transferred to the hands and management of the cestui que trust, and while this result is in accord with the purpose of the trust, the trustee complains that it has been done without proper authority, and without…

2Cases cited1 opinion

  1. Gloninger v. Pittsb. & C. R.Supreme Court of Pennsylvania · 1891

3Cited by13 opinions

  1. Bowman v. Gum, Inc.Supreme Court of Pennsylvania · 1937
  2. Bonini v. Family Theatre Corp.Supreme Court of Pennsylvania · 1937
  3. Redstone Township School DistrictSupreme Court of Pennsylvania · 1925
  4. Eberhardt v. Christiana Window Glass Co.Court of Chancery of Delaware · 1911
  5. Gale Industries, Inc. v. Bristol Farmers Market & Auction Co.Supreme Court of Pennsylvania · 1968

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