Old Colony Trust Co. v. Allentown & Bethlehem Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 51, Jan. T., 1898, by defendant, from decree of C. P. Lehigh Co., Sept. T., 1895, No. 1, on bill in equity. Bill in equity to foreclose a mortgage.
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Appeal, No. 51, Jan. T., 1898, by defendant, from decree of C. P. Lehigh Co., Sept. T., 1895, No. 1, on bill in equity. Bill in equity to foreclose a mortgage. The mortgage was executed by the Allentown and Bethlehem Rapid Transit Company, one of the respondents, to the Old Colony Trust Company, the complainant, as trustee, dated March 1, 1894, but not acknowledged and delivered until March 8, 1894. It purports to be given to secure the payment of 200 bonds of the said Allentown and Bethlehem Rapid Transit Company bearing even date therewith, each for the payment of $1,000, making $200,000,…
1Opinion of the Court
Opinion by
Mr. Justice Green,
While it is true that the defendant company took its charter under the Act of March 22, 1887, P. L. 8, and became incorporated as a company for the construction and operation of motors and cables, or other machinery for supplying motive power to passenger railways, it is also true that under the eighth clause of the 1st section of the act, it had the power “ to lease the property and franchises of passenger railway companies, which they may desire to operate, and to operate said railways.” And by the Act of May 15,1895, P. L. 65, it is provided, “ That from and…
2Cases cited14 opinions
- Rafferty v. Central Traction Co.Supreme Court of Pennsylvania · 1892
- Parkinson v. . ShermanNew York Court of Appeals · 1878
- Borough of Millvale v. Evergreen Railway Co.Supreme Court of Pennsylvania · 1890
- Pennsylvania R. R. v. Braddock Electric Ry. Co.Supreme Court of Pennsylvania · 1893
- Gyger v. Phila. etc. Ry. Co., Pennsylvania Court of Common Pleas, Philadelphia County1890
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Dobkin v. LandsbergSupreme Court of Pennsylvania · 1922
- Fair Oaks Building & Loan Ass'n v. KahlerSupreme Court of Pennsylvania · 1935
- Lowry v. Hensal's HeirsSupreme Court of Pennsylvania · 1924
- Willock's EstateSuperior Court of Pennsylvania · 1914
- Lesoon v. Yellow Cab Co.Superior Court of Pennsylvania · 1961
8 more not listed; retrieve them via the Exa API.