Collyer v. Collyer
Supreme Court of Pennsylvania
Certiorari to the Common Pleas of Philadelphia county. In Equity. — This was a proceeding in equity by Robert Coll-yer, against Perry McNiell and George Collyer. The parties were partners for the purpose of fulfilling a contract which George Collyer had made with the Blue Ridge Railroad Company, for cutting a tunnel through the Blue Ridge, in Pickens District, South Carolina.
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Certiorari to the Common Pleas of Philadelphia county. In Equity. — This was a proceeding in equity by Robert Coll-yer, against Perry McNiell and George Collyer. The parties were partners for the purpose of fulfilling a contract which George Collyer had made with the Blue Ridge Railroad Company, for cutting a tunnel through the Blue Ridge, in Pickens District, South Carolina. The firm name was George Collyer & Co. The work was commenced by the partners, who continued until December 1857, when they sold out their stock, &0., to Humbird, Hitchcock & Co., settled with the railroad company, and…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, C. J.
— This case was evidently tried improperly, and therefore it comes up before us in a shape that does not entitle it to decision by us. The preliminary question of the cause, the defendant’s liability to account, was not distinguished from the question how much would be due on the account, and therefore there was no preliminary decree for or against the right to an account, and the bill, answers, and testimony contain an indiscriminate mixture of allegations and evidence on both these questions, and we have nothing to show which of them…
2Cited by3 opinions
- Underdown v. UnderdownSupreme Court of Pennsylvania · 1921
- Ex Rel. Reinhart v. CallahanNevada Supreme Court · 1924
- McGann v. Ruggles-Coles Co., Pennsylvania Court of Common Pleas, York County1922