Legal Opinion

Philadelphia Co. for Guaranteeing Mortgages v. Guaranty Realty Co.

Superior Court of Pennsylvania

Decided April 17, 1922No. Appeal, No. 53PublishedCited by 10 opinions

Appeal, No. 53, Oct. T., 1921, by plaintiff, from judgment of O. P. No. 3, Pbila. Co., Sept. T., 1920, No. 1359, in favor of defendant on case stated in tbe suit of Philadelphia Company for Guaranteeing Mortgages, Trustee, v. Guaranty Realty Company.

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Appeal, No. 53, Oct. T., 1921, by plaintiff, from judgment of O. P. No. 3, Pbila. Co., Sept. T., 1920, No. 1359, in favor of defendant on case stated in tbe suit of Philadelphia Company for Guaranteeing Mortgages, Trustee, v. Guaranty Realty Company. Case stated to determine the duty of a corporation to "withhold tax on indebtedness under the provisions of the Act of June 17, 1913, P. L. 507, as amended by Act of July 15,1919, P. L. 955. Before McMichael, P. J. The opinion of the Superior Court states the case. The court entered judgment for defendant. Plaintiff appealed. Error assigned was…

1Opinion of the Court

Opinion by

Keller, J.,

This appeal is from the judgment of the court below on a case stated, and involves the construction of the Act of June 17, 1913, P. L. 507, providing revenue for state and county purposes and imposing taxes upon certain classes of personal property, as amended by the Act of July 15, 1919, P. L. 955.

It was held in Com. v. DuPont Land Co., 254 Pa. 446, that mortgage indebtedness created by an individual, previous to the conveyance of the land encumbered thereby to a corporation, did not constitute “any scrip, bond or certificate of indebtedness issued by said corporation,”…

2Cases cited21 opinions

  1. Commonwealth v. Delaware Div. Canal Co.Supreme Court of Pennsylvania · 1889
  2. Callery's AppealSupreme Court of Pennsylvania · 1922
  3. Commonwealth v. Mortgage Trust Co.Supreme Court of Pennsylvania · 1909
  4. Provident Life & Trust Co. v. KlemmerSupreme Court of Pennsylvania · 1917
  5. Commonwealth v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1883

16 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Girard Trust Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1952
  2. Commonwealth v. Imperial Woolen Co.Supreme Court of Pennsylvania · 1927
  3. Voltz v. the County of ErieSuperior Court of Pennsylvania · 1923
  4. Estate of Henry Scheutz, Jr., Dec'd.Superior Court of Pennsylvania · 1934
  5. Frederick's EstateSuperior Court of Pennsylvania · 1937

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