Legal Opinion

Berlin Smokeless Coal & Clay Co. v. Rohm

Supreme Court of Pennsylvania

Decided January 3, 1922No. Appeal, No. 181PublishedCited by 12 opinions

Appeal, No. 181, Oct. T., 1921, by plaintiff, from decree of O. P. Somerset Co., No. 7, Equity, 1920, dismissing bill in equity, in case of Berlin Smokeless Coal & Clay Mining Co. et al. v. Bertha Rohm, Executrix of M. J. Rohm, deceased, and James C. Long. Bill in equity to declare judgment paid. Before Berkby, P. J. The opinion of the Supreme Court states the facts. Bill dismissed. Plaintiffs appealed. Error assigned^ among others, was decree, quoting it.

1Opinion of the Court

Opinion by

Mr. Justice Sadler,

Hillegass was the owner of certain coal rights which he conyeyed to the Berlin Smokeless Coal & Clay Mining Company, of which he was president. This corporation became indebted to Valentine Hay, who, in 1916, entered a judgment, confessed by the company, for $7,000, payable in installments, the first of which amounted to $2,235. As collateral security, Hillegass and one Miller executed a note for a like amount, which was likewise made a matter of record. In 1917 an execution was issued upon the portion of the lien then due. Later, in September, a lease of the…

2Cases cited9 opinions

  1. McConville v. InghamSupreme Court of Pennsylvania · 1920
  2. Beaver v. SlaneSupreme Court of Pennsylvania · 1921
  3. Braunschweiger v. WaitsSupreme Court of Pennsylvania · 1897
  4. Schenck v. BurgessSupreme Court of Pennsylvania · 1897
  5. Cruzan v. CruzanSupreme Court of Pennsylvania · 1914

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3Cited by12 opinions

  1. Bowman v. Gum, Inc.Supreme Court of Pennsylvania · 1937
  2. Froess v. FroessSupreme Court of Pennsylvania · 1925
  3. Trabue v. WalshSupreme Court of Pennsylvania · 1935
  4. Schaeffer v. JonesSupreme Court of Pennsylvania · 1928
  5. Rambo Building & Loan Ass'n v. DragoneSupreme Court of Pennsylvania · 1933

7 more not listed; retrieve them via the Exa API.

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