Guarantee Title & Trust Co. v. Dilworth Coal Co.
Supreme Court of Pennsylvania
Appeal No. 127, Oct. T., 1911, by J. T. Blair, Trustee in Bankruptcy of Dilworth Coal Company, from judgment of C. P. Greene Co., June T., 1910, No. 40, on verdict for plaintiff in case of Guarantee Title & Trust Company, Trustee, v. Dilworth Coal Company, with notice to Joe Yetter, et al., terre tenants, and J. T. Blair, Trustee, etc. Scire facias sur mortgage. Before Inghram, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal No. 127, Oct. T., 1911, by J. T. Blair, Trustee in Bankruptcy of Dilworth Coal Company, from judgment of C. P. Greene Co., June T., 1910, No. 40, on verdict for plaintiff in case of Guarantee Title & Trust Company, Trustee, v. Dilworth Coal Company, with notice to Joe Yetter, et al., terre tenants, and J. T. Blair, Trustee, etc. Scire facias sur mortgage. Before Inghram, P. J. The facts are stated in the opinion of the Supreme Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $338,625. J. T. Blair, Trustee, appealed. Error assigned was in…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
This proceeding is on a corporation mortgage, instituted in pursuance of a provision in it that, on default in payment of interest on the bonds secured by it, the trustee, upon request of the holders of one-third of the bonds, might proceed by scire facias on the mortgage and prosecute it to judgment, execution and sale of the property. The mortgage was given by the Dilworth Coal Company, which was adjudged a bankrupt after *597the writ was issued, and J. T. Blair, its trustee, was allowed to intervene for the purpose of making the defense that the bonds were still in…
2Cases cited2 opinions
- Scovill v. ThayerSupreme Court of the United States · 1882
- Sawyer v. HoagSupreme Court of the United States · 1873
3Cited by6 opinions
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- Bradford County Telephone Co. v. YoungSupreme Court of Pennsylvania · 1938
- Big Spring Electric Co. v. KitzmillerSupreme Court of Pennsylvania · 1920
- Tepel v. ColemanDistrict Court, M.D. Pennsylvania · 1914
- Bingaman v. Commonwealth Trust Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1926
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