Legal Opinion

Spiese v. Mutual Trust Co.

Supreme Court of Pennsylvania

Decided June 30, 1917No. Appeal, No. 367PublishedCited by 5 opinions

Appeal, No. 367, Jan. T., 1916, by defendants, from decree of C. P. No. 2, Philadelphia Co., March T., 1915, No. 4558, directing defendants to surrender to plaintiff certain property and securities upon payment by plaintiff tó defendants of certain sums therein specified, in case of Franklyn Spiese v. Mutual Trust Company, a corporation, and William B. Kessler. Bill in equity for the transfer to plaintiff of certain property and securities.

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Appeal, No. 367, Jan. T., 1916, by defendants, from decree of C. P. No. 2, Philadelphia Co., March T., 1915, No. 4558, directing defendants to surrender to plaintiff certain property and securities upon payment by plaintiff tó defendants of certain sums therein specified, in case of Franklyn Spiese v. Mutual Trust Company, a corporation, and William B. Kessler. Bill in equity for the transfer to plaintiff of certain property and securities. Before Wessel, J. The opinion of the Supreme Court states the facts. The court directed the transfer by defendants to plaintiff of the property and…

1Opinion of the Court

Opinion by

Mr. Justice Frazer,

Defendants appeal from a decree directing the surrender to plaintiff of certain collateral held as security for money advanced him, upon payment of suéh advance less the damages suffered by plaintiff because of the refusal of defendant company to carry out its agreement.

Plaintiff, a builder by occupation, desiring to erect dwelling houses in the City of Philadelphia, applied to defendant, the Mutual Trust Company, for a loan of sufficient funds to1 purchase the property and erect the buildings, stating he would need $40.000. At the time plaintiff was indebted to…

2Cases cited7 opinions

  1. Adams Express Co. v. EgbertSupreme Court of Pennsylvania · 1860
  2. Leitzell v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1911
  3. Sensinger v. BoyerSupreme Court of Pennsylvania · 1893
  4. Anthracite Lumber Co. v. LucasSupreme Court of Pennsylvania · 1915
  5. Atkins v. PayneSupreme Court of Pennsylvania · 1901

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Robinson Protective Alarm Co. v. Bolger & PickerSupreme Court of Pennsylvania · 1986
  2. Dairymen's Co-Operative Sales Ass'n v. McCrearySuperior Court of Pennsylvania · 1938
  3. McCully Et Ux. v. FlanaganSuperior Court of Pennsylvania · 1930
  4. Goetz v. Norristown Area School DistrictCommonwealth Court of Pennsylvania · 1974
  5. Robinson Protective Alarm Co. v. Bolger & PickerSupreme Court of Pennsylvania · 1986

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