Legal Opinion

Hamilton v. Fleck

Supreme Court of Pennsylvania

Decided May 26, 1915No. Appeal, No. 479PublishedCited by 6 opinions

Appeal, No. 479, Jan. T., 1914, by plaintiffs, from decree of C. P. No. 1, Philadelphia Co., March T., 1914, No. 1664, in equity, refusing an injunction, in case of Anna D. Hamilton, Emma E. Donohugh and Wilber F. Hamilton, executors and trustees under the will of William J. Donohugh, deceased, v. George C. J. Fleck, Edward T. Comfort, and Edward T. Comfort, trustee in bankruptcy of the Paxson & Comfort Company. Bill in equity for an injunction.

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Appeal, No. 479, Jan. T., 1914, by plaintiffs, from decree of C. P. No. 1, Philadelphia Co., March T., 1914, No. 1664, in equity, refusing an injunction, in case of Anna D. Hamilton, Emma E. Donohugh and Wilber F. Hamilton, executors and trustees under the will of William J. Donohugh, deceased, v. George C. J. Fleck, Edward T. Comfort, and Edward T. Comfort, trustee in bankruptcy of the Paxson & Comfort Company. Bill in equity for an injunction. Before Patterson, J. The opinion of the Supreme Court states the facts. The court on final hearing refused the injunction. Plaintiffs appealed. Error…

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

By a lease dated July 1, 1902, William J. Donohugh let to the Paxson & Comfort Company a seven story building located at Nos. 526-528 Cherry street, in the City of Philadelphia, for the term of ten years. . The lease contained a provision that certain fittings, fire doors, elevators, elevator work, cement work, partitions and enclosures “shall at all times be and remain the property of the lessee and may be removed thereform at the will of the lessee, or at the expiration of this lease, or of any term which may be an extension thereof.” Wilr liam J. Donohugh…

2Cases cited4 opinions

  1. Crelier v. MackeySupreme Court of Pennsylvania · 1914
  2. First National Bank v. TustinSupreme Court of Pennsylvania · 1914
  3. Hall v. PhillipsSupreme Court of Pennsylvania · 1894
  4. Becker v. Second Active Building Ass'nSupreme Court of Pennsylvania · 1913

3Cited by6 opinions

  1. Evans v. EdelsteinSupreme Court of Pennsylvania · 1923
  2. Fidelity Trust Co. v. StateIdaho Supreme Court · 1951
  3. Sheinman Bros. v. Hovland-Sardeson-McColm Co.Superior Court of Pennsylvania · 1922
  4. Dintenfass v. WirkmanPennylvania Municipal Court, Philadelphia County · 1930
  5. Heller v. Heller's Executors, Pennsylvania Court of Common Pleas, Berks County1922

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