Independent Brewing Co. v. Colonial Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 198, Oct. T., 1921, by plaintiff, from order of O. P. Allegheny Co., April T., 1921, No. 2368, quashing writ of alternative mandamus, in case of Independent Brewing Co. of Pittsburgh v. Colonial Trust Co., Trustee under Mortgage, et al. Motion to quash writ of mandamus. Before Evans, J. The opinion of the Supreme Court states the facts. Writ quashed. Plaintiff appealed. Error assigned, inter alia, was order, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
If, as urged by appellee, mandamus will not lie, then the questions so earnestly argued by appellant are not *14before us. To understand appellant’s position, a brief recital of the facts is necessary.
The Independent Brewing Company, in 1905, created an indebtedness of $4,500,000, issuing therefor its fifty-year bonds, with interest payable semiannually thereafter. The mortgage securing the bonds contained no covenant for the creation or maintenance of a sinking fund. By a supplemental mortgage, executed in 1909, such fund was created; the Colonial Trust Company,…
2Cases cited2 opinions
- New Brighton Borough v. New Brighton Water Co.Supreme Court of Pennsylvania · 1915
- Struthers Coal & Coke Co. v. Union Trust Co.Supreme Court of Pennsylvania · 1909
3Cited by6 opinions
- Leff v. N. Kaufman's, Inc.Supreme Court of Pennsylvania · 1941
- Edelman v. Boardman, Secretary of RevenueSupreme Court of Pennsylvania · 1938
- Padelford v. Real Estate-Land Title & Trust Co.Superior Court of Pennsylvania · 1935
- Southeastern Pennsylvania Transportation Authority v. Philadelphia Transportation Co., Pennsylvania Court of Common Pleas, Philadelphia County1965
- Barber v. Wm. H. Horstman Co.Supreme Court of Pennsylvania · 1929
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