Legal Opinion

Kelley v. Shay

Supreme Court of Pennsylvania

Decided May 11, 1903No. 2; Appeal, No. 173PublishedCited by 6 opinions

Appeal, No. 173, Oct. T., 1902, by plaintiff, from decree of C. P., Washington Co., No. 986, on bill in equity in case of H. A. Kelley v. John W. Shay, Greensboro Natural Gas Company, and S. F. McCaulley et al. Bill in equity for an account. [See Kelley v. Shay, Appellant (No. 1).] Error assigned was the decree of the court.

1Opinion of the Court

Opinion by

Mr. Justice Potter,

The assignments of error in this case are directed in the first instance against the action of the court below, in refusing to include in the order for an accounting, the transactions of the firm of J. W. Shay & Company. We consider the court’s findings of fact as a sufficient answer to this complaint. It has found that the interest of Shay and Kelley respectively in the firm of J. W. Shay & Company were individual interests, and that the partnership of Shay & Kelley was not interested as a firm in the said firm of J. W. Shay & Company ; and, further, that upon…

2Cases cited4 opinions

  1. Gyger's AppealSupreme Court of Pennsylvania · 1869
  2. Jones v. FarquharSupreme Court of Pennsylvania · 1898
  3. Brenner v. CarterSupreme Court of Pennsylvania · 1902
  4. Carter v. Producers' Oil Co.Supreme Court of Pennsylvania · 1901

3Cited by6 opinions

  1. Stotsenburg v. FrostSupreme Court of Pennsylvania · 1975
  2. Cooper v. BrownCourt of Appeals for the Third Circuit · 1942
  3. Greenan v. ErnstSupreme Court of Pennsylvania · 1962
  4. Goodwill v. HeimSupreme Court of Pennsylvania · 1905
  5. Watson v. KelleySupreme Court of Pennsylvania · 1927

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