Bailey's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1880, No. 217. In Equity. Bill in equity filed by Madison Bailey, trustee of the Central Bank of Pittsburgh, against Andrew Lyons and Jared M. Brush and the Citizens’ Oil Refining Company. The material averments of the bill will, be found in the opinion of this eourt. The defendants demurred to the bill, and the court entered judgment on the demurrer for defendants.
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Appeal from the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1880, No. 217. In Equity. Bill in equity filed by Madison Bailey, trustee of the Central Bank of Pittsburgh, against Andrew Lyons and Jared M. Brush and the Citizens’ Oil Refining Company. The material averments of the bill will, be found in the opinion of this eourt. The defendants demurred to the bill, and the court entered judgment on the demurrer for defendants. Plaintiff then took this appeal.
1Opinion of the CourtJustice Sterrett
The single question raised on this record is, whether appellant’s bill properly presents such a case as entitles him to relief in either of the forms prayed for. By demurring to the bill, the appellees admit all the facts therein averred, so far as they are well pleaded; and, for the purposes of the present inquiry, we must assume that they are true.
The first paragraph of the bill distinctly avers that on or about February 1869, James Bown owned, in his owii right, three hundred and fifty shares of the capital stock of the Citizens’ Oil Refining Company, for which he held the certificate of…
2Cited by2 opinions
- Sale v. Ambler (Emmett)Supreme Court of Pennsylvania · 1939
- Pottsville Bank v. Minersville Water Co.Supreme Court of Pennsylvania · 1905