Legal Opinion

Pennsylvania Railroad v. Pennsylvania Co. for Insurance on Lives & Granting Annuities

Supreme Court of Pennsylvania

Decided March 23, 1903No. Appeal, No. 276PublishedCited by 1 opinion

Appeal, No. 276, Jan. T., 1902, by defendant, from decree of C. P. No. 5, Phila. Co., June T., 1902, No. 1134, on bill in equity in ease of Pennsylvania Railroad Company v. Pennsylvania Company for Insurances on Lives and. Granting Annuities. Bill in equity for mandatory injunction.

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Appeal, No. 276, Jan. T., 1902, by defendant, from decree of C. P. No. 5, Phila. Co., June T., 1902, No. 1134, on bill in equity in ease of Pennsylvania Railroad Company v. Pennsylvania Company for Insurances on Lives and. Granting Annuities. Bill in equity for mandatory injunction. Davis, J., found the facts to be as follows: 1. Shares of stock of the Philadelphia, Wilmington & Baltimore Railroad Company to the number mentioned in the bill, belonging to the Pennsylvania Railroad Company, were deposited with the defendant as stated in the bill, at the time therein stated, as collateral…

1Opinion of the Court

Opinion by

Mb. Justice Dean,

At the argument of this case we had doubts whether the agreement of July 1, 1881, broad as is its language, implied a power to exact a proxy from the trustee, authorizing plaintiff to vote the remaining 160,000 shares of stock in favor of a merger of the Philadelphia, Wilmington & Baltimore Railroad, with two other railroads into a new railroad corporation to be known as the Philadelphia, Baltimore & Washington Railroad Company; that is, whether it could be fairly implied from the agreement that the trustee was bound to give to plaintiff a proxy, by which, in case…

2Cited by1 opinion

  1. Woodring v. LesherSuperior Court of Pennsylvania · 1941

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