Legal Opinion

Wolf v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided March 12, 1900No. Appeal, No. 217PublishedCited by 26 opinions

Appeal, No. 217, Jan. T., 1899, by-defendants, from decree of C. P. No. 2, Phila. Co., Dec. Term, 1897, No. 968, pro confesso, for want of an answer. Bill in equity for an account. Demurrer to bill.

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Appeal, No. 217, Jan. T., 1899, by-defendants, from decree of C. P. No. 2, Phila. Co., Dec. Term, 1897, No. 968, pro confesso, for want of an answer. Bill in equity for an account. Demurrer to bill. Tire bill averred that on January 6, 1862, the Philadelphia and Erie Railroad Company leased its railroad to the Pennsylvania Railroad Company at a time when the latter company owned a majority of the stock of the former company; that on January 1, 1870, another lease was made which provided that the lessee should operate the road of the lessor, and out of the receipts to pay all operating…

1Opinion of the Court

Opinion by

Mb. Justice Mitchell,

In January, 1870, the Pennsylvania and the Philadelphia and Erie Railroad Companies which .had been operating together under an arrangement made in 1862 entered into an agreement of lease, with specific provisions for monthly and annual accounts by the former, as operating lessee, and for the mode of settlement of differences which should arise upon matters in relation to the lease.

In February, 1892, the plaintiff bought stock in the Philadelphia and Erie Company, and in February, 1898, he filed the present bill charging the lessee company with fraudulent…

2Cited by26 opinions

  1. Garber v. LegoCourt of Appeals for the Third Circuit · 1993
  2. Wettengel v. RobinsonSupreme Court of Pennsylvania · 1927
  3. Kelly v. ThomasSupreme Court of Pennsylvania · 1912
  4. Burdon v. ErskineSuperior Court of Pennsylvania · 1979
  5. Levine v. Pittsburgh State BankSupreme Court of Pennsylvania · 1924

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