Bell v. Scranton Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 357, Jan. T., 1917, by plaintiffs, from order of C. P. Lackawanna Co., May T., 1917, No. 82, discharging rule for judgment for want of a sufficient affidavit of defense in case of J. C. Bell, W. B. Schaeffer, O. F. Reinhard, Henry W. Dunning and S. B. Earns, a committee for the protection of the bondholders of the Rohr McHenry Distilling Company, to the use of all bondholders entitled, v. The Scranton Trust Co. Assumpsit against trustee for failure to enforce the…
Read the full summary
Appeal, No. 357, Jan. T., 1917, by plaintiffs, from order of C. P. Lackawanna Co., May T., 1917, No. 82, discharging rule for judgment for want of a sufficient affidavit of defense in case of J. C. Bell, W. B. Schaeffer, O. F. Reinhard, Henry W. Dunning and S. B. Earns, a committee for the protection of the bondholders of the Rohr McHenry Distilling Company, to the use of all bondholders entitled, v. The Scranton Trust Co. Assumpsit against trustee for failure to enforce the covenants of a corporation mortgage. ■ Before New-comb, J. The facts appear by the opinion of the Supreme Court. The…
1Opinion of the Court
Per Curiam,
The Rohr McHenry Distilling Company executed a *30mortgage to The Scranton Trust Company, as trustee, to secure the payment of an issue of bonds. The property of the distilling company was destroyed by fire, and this action was brought by a committee of the bondholders against the trust company for its failure to' enforce an alleged covenant of the distilling company in the mortgage as to fire insurance. The cause of action, as set forth in the statement of claim, is upon said alleged covenant, but judgment was refused by the court below for the reason that the covenant declared upon…
2Cited by2 opinions
- Gouley v. Land Title Bank & Trust Co.Supreme Court of Pennsylvania · 1937
- Gouley v. Land Title Bank & Trust Co., Pennsylvania Court of Common Pleas, Philadelphia County1936