Spring Brook Railway Co. v. Lehigh Coal & Navigation Co.
Supreme Court of Pennsylvania
Appeal, No. 527, Jan. T., 1896, by plaintiff, from decree’of C. P. Lackawanna Co., June T., 1892, No. 9, on bill in equity. Bill in. equity for an account and for an injunction. The case was referred to Charles L. Hawley, Esq., as master.
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Appeal, No. 527, Jan. T., 1896, by plaintiff, from decree’of C. P. Lackawanna Co., June T., 1892, No. 9, on bill in equity. Bill in. equity for an account and for an injunction. The case was referred to Charles L. Hawley, Esq., as master. On exceptions to the master’s report, Gunster, J., filed the following opinion by which the facts appear: The principal questions in this case are, whether the plaintiff is entitled to an account from the defendant, and if so, what the state of the account between the parties is. In the opinion filed February 4, 1895, we decided that the defendant was…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
This is a bill for an account, an injunction and other relief by the appellant against its mortgagee and lessee, which was in possession under a lease reserving a rent of twenty per cent of the gross receipts of the road, to be applied, to the'paymenh of taxes, certain liens, and the debt of the lessor to the lessee. The duty to account is not denied but the defendant claims that it has from time to time during the running of the lease accounted fully. On this point the master found in favor of the appellant, and holding that there had not only been no such…
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