Legal Opinion

Rumsey v. New York & Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided October 13, 1902No. Appeal, No. 3PublishedCited by 8 opinions

Appeal, No. 3, Jan. T., 1902, by defendant, from decree of C. P. Potter Co., Dec. T., 1899, No. 2, on bill in equity in case of Joseph B. Rumsey v. New York & Pennsylvania Railroad Company, Theodore Cobb, William Cobb, William Richardson, Benton McConnell and William Beaver. Bill for specific performance of a contract. The facts are stated in the opinion of the Supreme Court. Error assigned was decree of specific performance.

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

The facts of this case are somewhat complicated, but so far as necessary to develop the principles involved may be stated in reasonable compass.

In July, 1895, the promoters of the New York & Pennsylvania Railroad Company, a New York corporation in process of organization but not yet incorporated, contracted in the name of the company with plaintiff for the building, by the latter, of a railroad from Hornellsville, New York, to the state line of Pennsylvania at or near Genesee. Plaintiff- was to be paid in the stock and bonds of the road, and at or about the same…

2Cases cited4 opinions

  1. Goodwin Gas Stove & Meter Co.'s AppealSupreme Court of Pennsylvania · 1888
  2. Borough of Milford v. Milford Water Co.Supreme Court of Pennsylvania · 1889
  3. Trainer v. WolfeSupreme Court of Pennsylvania · 1891
  4. Commonwealth ex rel. Attorney-General v. Atlantic & Great Western Railway Co.Supreme Court of Pennsylvania · 1866

3Cited by8 opinions

  1. Kuhn v. BuhlSupreme Court of Pennsylvania · 1916
  2. Fidelity-Philadelphia Trust Co. v. SimpsonSupreme Court of Pennsylvania · 1928
  3. Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950
  4. A. M. Webb & Co. v. Robert P. Miller Co.Court of Appeals for the Third Circuit · 1946
  5. C. B. Snyder Realty Co. v. Sherrill-Noonan, Inc., and York-Hoover Corporation and H. W. StoneCourt of Appeals for the Third Circuit · 1958

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