Legal Opinion

Apollo Trust Co. v. Safe Deposit & Title Guaranty Co.

Superior Court of Pennsylvania

Decided October 5, 1906No. Appeal, No. 27PublishedCited by 3 opinions

Appeal, No. 27, AprilT., 1906, by defendant, from decree of O. P. Armstrong Co., June T., 1904, No. 36, on bill in equity in case of The Apollo Trust Company v. Safe Deposit and Title Guaranty Company, Thomas Robertson and Godfrey G. Lunderstadt. Bill in equity for an account. The averments of the bill appear by the opinion of the Superior Court.

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Appeal, No. 27, AprilT., 1906, by defendant, from decree of O. P. Armstrong Co., June T., 1904, No. 36, on bill in equity in case of The Apollo Trust Company v. Safe Deposit and Title Guaranty Company, Thomas Robertson and Godfrey G. Lunderstadt. Bill in equity for an account. The averments of the bill appear by the opinion of the Superior Court. The decree was as follows : And now, to wit: May 1,1905, it appearing to the court that the original bill as amended has been duly served on G. G. Lunderstadt and the Safe Deposit & Title Guaranty Company of Kittanning, Pennsylvania, as required by…

1Opinion of the Court

Opinion by

Oblady, J.,

It is now fully established by many authorities, that jurisdiction in equity no longer depends solely upon the want of a common-law remedy. If upon consideration'by the court the remedy by an action in assumpsit is inadequate, or is insufficient to effect complete justice between the contending litigants, 'the court maj' properly adjudge the proceeding by a bill in equity to be the most convenient and effective in order to reach all the phases of the plaintiff’s contention, so as to dispose of the whole matter by securing and protecting the present and future interests of…

2Cases cited3 opinions

  1. Appeal of the Brush Electric Co.Supreme Court of Pennsylvania · 1887
  2. Conemaugh Gas Co. v. Jackson Farm Gas Co.Supreme Court of Pennsylvania · 1898
  3. Blair v. Supreme Council American Legion of HonorSupreme Court of Pennsylvania · 1904

3Cited by3 opinions

  1. Grange v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1912
  2. Compton v. International Harvester Co. of America, Pennsylvania Court of Common Pleas, Dauphin County1928
  3. Douglas v. Clarke, Pennsylvania Court of Common Pleas, Delaware County1929

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