Legal Opinion

Miller v. Dilkes

Supreme Court of Pennsylvania

Decided October 4, 1915No. Appeal, No. 480PublishedCited by 11 opinions

Appeal, No. 480, Jan. T., 1914, by George R. Dilkes, from decree of O. P. No. 3, Philadelphia Co., June T., 1911, No. 3798, in equity, dismissing exceptions to report of referee, in case of Harvey C. Miller v. George R. Dilkes, Southern Steamship Company and The Land Title and Trust Company. Bill in equity for an accounting. Exceptions to report of Stevens Heckscher, Esq., referee. The opinion of the Supreme Court states the facts.

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Appeal, No. 480, Jan. T., 1914, by George R. Dilkes, from decree of O. P. No. 3, Philadelphia Co., June T., 1911, No. 3798, in equity, dismissing exceptions to report of referee, in case of Harvey C. Miller v. George R. Dilkes, Southern Steamship Company and The Land Title and Trust Company. Bill in equity for an accounting. Exceptions to report of Stevens Heckscher, Esq., referee. The opinion of the Supreme Court states the facts. The court dismissed exceptions to the referee’s report and imposed the costs on George R. Dilkes. George R. Dilkes appealed. Error assigned was the decree of the…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

Under the terms of an article of agreement, dated February 7,1910, Harvey C. Miller, the plaintiff in this case, purchased from George R. Dilkes, the defendant, all the outstanding capital stock of the Southern Steamship Company, with the exception of fifty shares, which plaintiff already owned. The value of the stock was, of course, affected by the indebtedness of the company. There was no difficulty in ascertaining the amount of the mortgage indebtedness. It was stipulated that the *46stock should he delivered within one month, and that at the date of delivery, all…

2Cases cited4 opinions

  1. Diehl v. the Adams County Mutual InsuranceSupreme Court of Pennsylvania · 1868
  2. Guckenheimer & Bros. v. KannSupreme Court of Pennsylvania · 1914
  3. New Era Life Ass'n v. RossiterSupreme Court of Pennsylvania · 1890
  4. Moore v. RohrbackerSuperior Court of Pennsylvania · 1906

3Cited by11 opinions

  1. Phelan v. Middle States Oil CorporationCourt of Appeals for the Second Circuit · 1946
  2. Fell v. PittsSupreme Court of Pennsylvania · 1919
  3. Mead v. SherwinSupreme Court of Pennsylvania · 1922
  4. Joseph v. Krull Wholesale Drug Co.District Court, E.D. Pennsylvania · 1956
  5. Commonwealth v. BardolphSuperior Court of Pennsylvania · 1936

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