Hamilton v. Foster
Supreme Court of Pennsylvania
Appeal, No. 63, Oct. T., 1921, by plaintiffs, from decree of O. P. Allegheny Co., Jan. T., 1920, No. 2314, dismissing bill in equity, in case of Fannie Hamilton and Helen M. Hamilton v. D. A. Foster. Bill in equity for injunction and accounting, and for declaration of trust. Before Evans, J. The opinion of the Supreme Court states the facts. Bill dismissed. Plaintiffs appealed. Error assigned, inter alia, was decree, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Beginning at least as early as 1907 and lasting until 1920, when this litigation began, the Fidelity Title and *98Trust Company of Pittsburgh had full charge and control of a farm belonging to plaintiffs. It leased and sold portions of the property, divided a part thereof into building lots, collected rents, paid taxes and other charges, and, as “attorneys in fact,” sent to plaintiffs, at regular intervals, statements of account, thereafter applying the balances as plaintiffs directed. In a few comparatively trivial things they did not fully agree with the trust…
2Cases cited17 opinions
- Westmoreland N. Gas Co. v. DeWittSupreme Court of Pennsylvania · 1889
- Chartiers Block Coal Co. v. MellonSupreme Court of Pennsylvania · 1893
- Brown v. SpilmanSupreme Court of the United States · 1895
- Funk v. HaldemanSupreme Court of Pennsylvania · 1867
- Kleppner v. LemonSupreme Court of Pennsylvania · 1896
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3Cited by25 opinions
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- Erie City v. Public Service CommissionSupreme Court of Pennsylvania · 1924
- Weisbecker v. Hosiery Patents, Inc.Supreme Court of Pennsylvania · 1947
- Bannard v. New York State Natural Gas Corp.Supreme Court of Pennsylvania · 1972
- In Re Estate of QuickSupreme Court of Pennsylvania · 2006
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