Commonwealth v. Fall Brook Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 21, May T., 1893, by defendant, from judgment of C. P. Dauphin Co., June T., 1893, No. 329, in favor of Commonwealth on appeal from tax settlement. Appeal from tax settlement.
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Appeal, No. 21, May T., 1893, by defendant, from judgment of C. P. Dauphin Co., June T., 1893, No. 329, in favor of Commonwealth on appeal from tax settlement. Appeal from tax settlement. The case was tried by the court without a jury, the facts being found as follows by Simonton, P. J.: “ 1. A certain person, now deceased, commenced in his lifetime the development and operation of a coal property in Pennsylvania and the construction of a railroad partly in Pennsylvania, chiefly for the transportation of the product of said mines to market. The whole of the money for the purchase,…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The proposition made by the learned attorney general that a distinction exists between the capital stock of a corporation or a joint stock association and the shares into which it is divided, that has been recognized by the courts, must be conceded. It *494is the nature of the distinction over which a difference of opinion seems to exist. There is a very plain distinction between the title and position of a trustee, and the title of the cestui que trust; but the trust estate is one and the same. The legal title to the estate is in the trustee. An equitable title to…
2Cases cited5 opinions
- Commonwealth v. Westinghouse Electric & Manufacturing Co.Supreme Court of Pennsylvania · 1892
- Fidelity Etc. Co. v. LoughlinSupreme Court of Pennsylvania · 1891
- Spangler v. York CountySupreme Court of Pennsylvania · 1850
- Whitesell v. County of NorthamptonSupreme Court of Pennsylvania · 1865
- Lycoming County v. GambleSupreme Court of Pennsylvania · 1864
3Cited by29 opinions
- Murray v. PhiladelphiaSupreme Court of Pennsylvania · 1950
- Schuylkill Trust Co. v. PennsylvaniaSupreme Court of the United States · 1935
- Arrott's EstateSupreme Court of Pennsylvania · 1936
- Wingfield v. South Carolina Tax CommissionSupreme Court of South Carolina · 1928
- Board of Com'rs of Oklahoma County v. RyanSupreme Court of Oklahoma · 1924
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