Commonwealth v. Roydhouse
Supreme Court of Pennsylvania
Appeal, No. 147, Jan. T., 1911, by defendant, from judgment of C. P. Northampton Co., Dec. T., 1910, No. 27, for plaintiff on case tried by the court without a jury in suit of Commonwealth ex rel. Samuel Clark v. George W. Roydhouse. Quo warranto to determine the legality of a corporate election.
Read the full summary
Appeal, No. 147, Jan. T., 1911, by defendant, from judgment of C. P. Northampton Co., Dec. T., 1910, No. 27, for plaintiff on case tried by the court without a jury in suit of Commonwealth ex rel. Samuel Clark v. George W. Roydhouse. Quo warranto to determine the legality of a corporate election. Befor.e Scott, P. J. From the record it appeared that the case turned upon the effect to be given a voting trust agreement entered into between certain of the stockholders of the Bath Portland Cement Company and the Equitable Trust Company as trustee. The agreement recited that it was deemed…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The questions here involved were so thoroughly considered, and so fully discussed by the learned judge of the court below, that little room remains for further elaboration. Upon his findings of facts, we agree with his conclusions of law, viz.:
“1. The stockholders’ voting trust agreement of July 27, 1910, created an inactive trust, and the trustee’s ballot was properly rejected by the judges at the corporate election.
“2. As the trustee holding thus a bare legal title and registered as owner on the certificate and transfer books was disqualified from voting under…
2Cases cited1 opinion
- Boyer v. NesbittSupreme Court of Pennsylvania · 1910
3Cited by6 opinions
- American Indemnity Co. v. Ernst & ErnstCourt of Appeals of Texas · 1937
- Rossing v. State BankSupreme Court of Iowa · 1917
- Roberts v. WhitsonCourt of Appeals of Texas · 1945
- Com. ex rel. Lesher v. Dock, Pennsylvania Court of Common Pleas, Union County1924
- Kaufman v. Leff, Pennsylvania Court of Common Pleas, Fayette County1946
1 more not listed; retrieve them via the Exa API.