Thomas v. Ellmaker
Pennsylvania Court of Common Pleas, Philadelphia County
This case arose on a bill in equity filed by Samuel B. Thomas and twenty-four others, against Peter C. Ellmaker and ten others, specially named, and referring to a certain schedule containing the names of nearly one hundred other individuals, embraced in said schedule attached to the bill, which it was prayed the Court would make parties to the bill, in case it should be thought fit; alleging that all were associated together as members of an unincorporated association,…
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This case arose on a bill in equity filed by Samuel B. Thomas and twenty-four others, against Peter C. Ellmaker and ten others, specially named, and referring to a certain schedule containing the names of nearly one hundred other individuals, embraced in said schedule attached to the bill, which it was prayed the Court would make parties to the bill, in case it should be thought fit; alleging that all were associated together as members of an unincorporated association, under the name and title of “The Phoenix Hose Company,” and that the complainants, in connexion with the defendants and…
1Opinion of the Court
The opinion of the Court was delivered by
KING, President. —
This case, as disclosed by the bill, exhibits, and answers, is in substance as follows : The plaintiffs, ten, and the *104defendants, eighteen in number, and others, were members of a “fire hose association in Philadelphia,” known since the year 1817 as the “Phoenix Hose Company.” This association was never incorporated, but existed under a constitution and by-laws framed for their better government, and subscribed by each person becoming a member. The preamble to the constitution and by-laws declares that the associates, “ being well…
2Cases cited2 opinions
- Babb v. ReedSupreme Court of Pennsylvania · 1835
- Methodist Church v. RemingtonSupreme Court of Pennsylvania · 1832
3Cited by2 opinions
- Boyd v. Insurance Patrol of PhiladelphiaSupreme Court of Pennsylvania · 1886
- Kisor's AppealSupreme Court of Pennsylvania · 1870