Legal Opinion

Deal v. Erie Coal & Coke Co.

Supreme Court of Pennsylvania

Decided March 30, 1914No. Appeal, No. 14PublishedCited by 2 opinions

Appeal, No. 14, Oct. T., 1914, by defendants, from judgment of C. P. Somerset Co., Dec. T., 1913, No. 29, for plaintiff on demurrer to return to petition for writ of alternative mandamus in case of Levi Deal v. Erie .Coal & Coke Company, Fred Rowe, President; H. L. Miller, Secretary and Treasurer. Petition for mandamus. Before Ruppel, P. J. The opinion of the Supreme Court states the facts.

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Appeal, No. 14, Oct. T., 1914, by defendants, from judgment of C. P. Somerset Co., Dec. T., 1913, No. 29, for plaintiff on demurrer to return to petition for writ of alternative mandamus in case of Levi Deal v. Erie .Coal & Coke Company, Fred Rowe, President; H. L. Miller, Secretary and Treasurer. Petition for mandamus. Before Ruppel, P. J. The opinion of the Supreme Court states the facts. The plaintiff demurred to defendants’ return; the court sustained the demurrer and entered judgment for plaintiff. Defendants appealed. Error assigned was the judgment of the court.

1Opinion of the Court

Per Curiam,

It is the right of the purchaser of stock of a corporation sold in satisfaction of a debt for which it is pledged, to require a transfer of the stock on the hooks of the corporation and the delivery of a proper certificate therefor: Act June 24,1895, P. L. 258, and a mandamus is the appropriate remedy for the enforcement of a transfer, Sproul v. Plate Glass Co., 201 Pa. 103. The petition for a mandamus conformed to the requirements of Section 2, of the Act of June 8, 1893, P. L. 345, which provides that the petitioner shall set forth “the facts upon which he relies for the relief…

2Cases cited1 opinion

  1. Sproul v. Standard Plate Glass Co.Supreme Court of Pennsylvania · 1902

3Cited by2 opinions

  1. Citizen's National Bank v. Irwin Building & Loan Ass'nSupreme Court of Pennsylvania · 1934
  2. Evans v. Evans & Co.Supreme Court of Pennsylvania · 1925

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