Fort Pitt B. & L. Ass'n v. Model Plan B. & L. Ass'n
Supreme Court of Pennsylvania
Appeal, No. 279, Oet. T., 1893, by plaintiff, from decree of C. P. No. 3, Allegheny Co., Feb. T., 1893,No. 520, dismissing bill in equity. Bill in equity to restrain defendant from using name “ Fort Pitt Building & Loan Association.”
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Appeal, No. 279, Oet. T., 1893, by plaintiff, from decree of C. P. No. 3, Allegheny Co., Feb. T., 1893,No. 520, dismissing bill in equity. Bill in equity to restrain defendant from using name “ Fort Pitt Building & Loan Association.” From the bill it appeared that the plaintiff and defendant are building and loan associations, incorporated under act of April 20, 1874, and its supplements; plaintiff’s letters-patent bear date July 14, 1892, duly recorded July 18, 1892; and immediately after the issuance of said letters-patent, a complete organization was effected for the purpose of carrying…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
The first sections of the acts of April 20,1869, and June 13, 1883, to use the apt expression of our Brother Mitchell, in a similar ease (Newbold v. Pennock, 154 Pa. 591), “ Cannot stand together without establishing two methods of practice for reaching precisely the same result, or making a mongrel method which is not the one prescribed by either statute” in. the creation of corporations of the second class. The power which was vested in the court of common pleas by the act of 1869 to “ change the name, style and title of any corporation ” was necessarily…
2Cases cited3 opinions
- Newbold v. PennockSupreme Court of Pennsylvania · 1893
- Rhoads v. Hoernerstown Building & Savings Ass'nSupreme Court of Pennsylvania · 1876
- Gwinner v. Lehigh & Delaware Gap RailroadSupreme Court of Pennsylvania · 1867
3Cited by22 opinions
- American Clay Manufacturing Co. v. American Clay Manufacturing Co.Supreme Court of Pennsylvania · 1901
- York Water Co. v. YorkSupreme Court of Pennsylvania · 1915
- Lawyers Title Ins. Co. v. Lawyers Title Ins. CorporationCourt of Appeals for the D.C. Circuit · 1939
- National Circle, Daughters of Isabella v. National Order of Daughters of IsabellaCourt of Appeals for the Second Circuit · 1920
- Commonwealth Ex Rel. v. KlineSupreme Court of Pennsylvania · 1928
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