Girard Trust Co. v. Delaware & Hudson Co.
Supreme Court of Pennsylvania
Appeal, No. 70, Jan. T., 1914, by plaintiffs, from decree of C. P. Luzerne Co., March T., 1912, No. 2, in Equity (Stating account) in case of Girard Trust Company of Philadelphia, trustee of estate of Clorinda W. Stearns, deceased; Elizabeth S. Dickerman, William G. Phelps, executor of estate of Carolina S. Phelps, deceased; Cornelia W. Shoemaker, executrix of estate of Levi D. Shoeinaker, deceased; Jane R. Shoemaker, and Esther W. Norris v. Delaware and Hudson Company.
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Appeal, No. 70, Jan. T., 1914, by plaintiffs, from decree of C. P. Luzerne Co., March T., 1912, No. 2, in Equity (Stating account) in case of Girard Trust Company of Philadelphia, trustee of estate of Clorinda W. Stearns, deceased; Elizabeth S. Dickerman, William G. Phelps, executor of estate of Carolina S. Phelps, deceased; Cornelia W. Shoemaker, executrix of estate of Levi D. Shoeinaker, deceased; Jane R. Shoemaker, and Esther W. Norris v. Delaware and Hudson Company. Bill in equity for an accounting for coal mined and removed by defendant. Before Strauss, J. Prom the record it appeared…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This bill was filed for an accounting for coal mined and removed by defendant and not paid for. There is no substantial dispute about the facts and the case turns upon the interpretation of the contract between the parties. The agreement is in writing and was executed July 16,1878. The elause which forms the basis of this litigation provides as follows: “And further it is hereby agreed, that the said party of the second part may continue to mine the coal from the lands so held by the Northern Coal & Iron Company and the said Lazarus D. Shoemaker as tenants in…
2Cases cited7 opinions
- Barnsdall v. Bradford Gas Co.Supreme Court of Pennsylvania · 1909
- Denniston v. HaddockSupreme Court of Pennsylvania · 1901
- Gallagher v. HicksSupreme Court of Pennsylvania · 1907
- Hollenback Coal Co. v. Lehigh & Wilkes-Barre Coal Co.Supreme Court of Pennsylvania · 1907
- Wright v. Warrior Run Coal Co.Supreme Court of Pennsylvania · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. Royal Mineral Ass'nSupreme Court of Minnesota · 1916
- Hetrick v. Apollo Gas Co.Superior Court of Pennsylvania · 1992
- Hummel v. McFaddenSupreme Court of Pennsylvania · 1959
- Greek Catholic Congregation v. Wilson Coal Co.Supreme Court of Pennsylvania · 1938
- State v. Hobart Iron Co.Supreme Court of Minnesota · 1919
3 more not listed; retrieve them via the Exa API.