Legal Opinion

Porter v. Healy

Supreme Court of Pennsylvania

Decided March 16, 1914No. Appeal, 100PublishedCited by 40 opinions

Appeal, No. 100, Jan. T., 1913, by defendants, from decree of C. P. Montgomery Co., June T., 1911, No. 9, in equity, for plaintiffs on bill in equity for an accounting in case of J. Elmer Porter, Samuel H. Porter, Ida K. B. Hetric and John Royer v. J. Allen Healy, John W. Healy, Jacob C. Sotter, and George N. Malsberger. Bill in equity for discovery and accounting. Before Swartz, P. J. The opinion of the Supreme Court states the facts.

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Appeal, No. 100, Jan. T., 1913, by defendants, from decree of C. P. Montgomery Co., June T., 1911, No. 9, in equity, for plaintiffs on bill in equity for an accounting in case of J. Elmer Porter, Samuel H. Porter, Ida K. B. Hetric and John Royer v. J. Allen Healy, John W. Healy, Jacob C. Sotter, and George N. Malsberger. Bill in equity for discovery and accounting. Before Swartz, P. J. The opinion of the Supreme Court states the facts. The court on final hearing, awarded the relief as prayed for in the bill. Defendant appealed. Error assigned, among others, was the decree of the court.

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

This was a bill for discovery and to compel' the defendants to account for and pay over to the -plaintiffs their respective proportions of a sum of momfey. alleged to be an illicit gain acquired by them “in thg course of the transfer of the stock of the Pottstown Light, Heat & Power Co.” The concern in question was/^a, Pénnsylvania corporation, and its capital stock ¡ consisted of 700 shares; the plaintiffs were minority (stockholders, while the defendants owned in their own names 183 shares and directly influenced about 200 more belonging to their relations,…

2Cases cited3 opinions

  1. Commonwealth Title Insurance & Trust Co. v. SeltzerSupreme Court of Pennsylvania · 1910
  2. Bird Coal & Iron Co. v. HumesSupreme Court of Pennsylvania · 1893
  3. Tenth National Bank v. Smith Construction Co.Supreme Court of Pennsylvania · 1913

3Cited by40 opinions

  1. Jones v. H. F. Ahmanson & Co.California Supreme Court · 1969
  2. Lutherland, Inc. v. DahlenSupreme Court of Pennsylvania · 1947
  3. Fed. Sec. L. Rep. P 93,093 Judah Rosenfeld, Etc. v. E. R. BlackCourt of Appeals for the Second Circuit · 1971
  4. Rowen v. Le Mars Mut. Ins. Co. of IowaSupreme Court of Iowa · 1979
  5. Seaboard Industries, Inc. v. MonacoSupreme Court of Pennsylvania · 1971

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