Fidelity Ins., T. & S. D. Co. v. West. Penn. & S. C. R.
Supreme Court of Pennsylvania
FROM THE DECREE OF THE COURT OF COMMON PLEAS OF MERCER COUNTY, IN EQUITY. No. 167 October Term 1888, Sup. Ct.; court below, No. 3 January Term 1887, C. P. in Equity. On November 6, 1886, The Fidelity Insurance, Trust and Safe Deposit Company, trustee, filed a bill in equity against The West. Penn. & Shenango Connecting Railroad Company and W. W. Reed.
Read the full summary
FROM THE DECREE OF THE COURT OF COMMON PLEAS OF MERCER COUNTY, IN EQUITY. No. 167 October Term 1888, Sup. Ct.; court below, No. 3 January Term 1887, C. P. in Equity. On November 6, 1886, The Fidelity Insurance, Trust and Safe Deposit Company, trustee, filed a bill in equity against The West. Penn. & Shenango Connecting Railroad Company and W. W. Reed. The bill averred that the W. P. & S. C. R. Co. was in the hands of a receiver, under a decree of the Circuit Court of the United States for the Northern District of Pennsylvania, and that leave of said court had been obtained to institute the…
1Opinion of the Court
Opinion,
Mu. Justice Green :
It is scarcely necessary to add anything to the clear and satisfactory opinion of the learned court below. We agree entirely with the conclusions reached and affirm the decree without hesitation.
In no point of view can the appellant claim the benefit of the resolution of January 21, 1843, P. L. 367. The deed of trust given by the corporation for $400,000, was executed on July 12, 1882 and recorded on July 18th of the same year. The construction contract with the appellant was not executed until August 15,1882. Of course it had no legal efficacy until it was…
2Cases cited3 opinions
- Fox v. SealSupreme Court of the United States · 1875
- Tyrone & Clearfield Railway Co. v. JonesSupreme Court of Pennsylvania · 1875
- McBroom & Wood's AppealSupreme Court of Pennsylvania · 1862
3Cited by14 opinions
- Wood v. Corry Water-Works Co.U.S. Circuit Court for the District of Western Pennsylvania · 1890
- Fidelity Etc. Co. v. West. Penn. Etc. R.Supreme Court of Pennsylvania · 1891
- Farmers' Loan & Trust Co. v. Toledo, A. A. & N. M. Ry. Co.U.S. Circuit Court for the District of Northern Ohio · 1895
- Landers-Morrison-Christenson Co. v. Ambassador Holding Co.Supreme Court of Minnesota · 1927
- Central Trust Co. v. Louisville, St. L. & T. Ry. Co.U.S. Circuit Court for the District of Kentucky · 1895
9 more not listed; retrieve them via the Exa API.