Legal Opinion

Phila. Trust Co. v. Phila. & R. C. & I. Co.

Supreme Court of Pennsylvania

Decided January 26, 1891No. 410PublishedCited by 4 opinions

APPEAL BY DEPENDANT PNOM THE COURT OE COMMON PLEAS NO. 2 OE PHILADELPHIA COUNTY. No. 410 January Term 1890, Sup. Ct.; court below, No. 887 June Term 1886, C. P. No. 2, in Equity.

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APPEAL BY DEPENDANT PNOM THE COURT OE COMMON PLEAS NO. 2 OE PHILADELPHIA COUNTY. No. 410 January Term 1890, Sup. Ct.; court below, No. 887 June Term 1886, C. P. No. 2, in Equity. On August 4,1886, the Philadelphia Trust, Safe Deposit & Insurance Company, administrator d. b. n., c. t. a., of the estate of William Richardson, deceased, and trustee under the will of said decedent, filed a bill in equity against the Philadelphia & Reading Coal & Iron Company, praying for a decree that the defendant deliver to the plaintiff certain mortgage bonds, made by the defendant, eighteen in number, and of…

1Opinion of the Court

*543OPINION,

Me. Justice Williams :

The facts of this case are not really in dispute. Both parties agree to them substantially as reported by the master, and the only contention is oyer the inferences of law proper to be drawn from them.

The complainants’ claim to relief rests upon the single ground of the insufficiency of an agreement of one of three trustees, though it be in writing and under seal, to bind the estate. It is conceded that if the three parties had not been trustees, but had been acting in their individual rights, they would have been bound. The master finds that the two who did not…

2Cases cited3 opinions

  1. St. Andrew's Lutheran Church's AppealSupreme Court of Pennsylvania · 1871
  2. Mullin v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
  3. Todd's AppealSupreme Court of Pennsylvania · 1855

3Cited by4 opinions

  1. Blum v. William Goldman Theatres, Inc.Court of Appeals for the Third Circuit · 1947
  2. Deviney v. LynchSupreme Court of Pennsylvania · 1953
  3. Central Trust & Savings Co. v. Walters, Pennsylvania Court of Common Pleas, Philadelphia County1932
  4. Klein's EstatePennsylvania Orphans' Court, Berks County · 1934

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