Appeal of the Brush Electric Co.
Supreme Court of Pennsylvania
Appbal from the Court of Common Pleas, No. 2, of Aliegheny county. Of October Term, 1886, No. 157. Appeal of the Brush Electric Light Company and John E. Bidall from a decree of said court, dismissing a bill in equity, where they were plaintiffs and the Allegheny County Light Company was defendant. The defendant filed an answer to the plaintiffs’ bill upon which issue was joined. Thomas Herriott, Esq., was appointed Master in the case.
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Appbal from the Court of Common Pleas, No. 2, of Aliegheny county. Of October Term, 1886, No. 157. Appeal of the Brush Electric Light Company and John E. Bidall from a decree of said court, dismissing a bill in equity, where they were plaintiffs and the Allegheny County Light Company was defendant. The defendant filed an answer to the plaintiffs’ bill upon which issue was joined. Thomas Herriott, Esq., was appointed Master in the case. He made the following report, from which the facts of the case appear:— The Brush Electric Company, one of the plaintiffs, is a corporation of the state of…
1Opinion of the CourtJustice Gordon
The plaintiffs’ bill was summarily dismissed by the court below, on the ground that they had an adequate remedy at law. *585In this ifc overruled the Master, who, though finding the facts in favor of the defendant, yet was of the opinion that the bill should be retained until the stock, which the defendant had received from the Brush company, in execution of the contract of the 31st of March, 1883, should be returned.
In this he was undoubtedly correct, and the court erred in not adopting his recommendation. Equitable jurisdiction does not depend on the want of a common law remedy, for whilst…
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