Legal Opinion

Shingle v. Smyth, Henry & Kirkbride

Supreme Court of Pennsylvania

Decided March 8, 1915No. Appeal, No. 107PublishedCited by 5 opinions

Appeal, No. 107, Jan. T., 1914, by plaintiffs, from decree of C. P. No. 5, Philadelphia Co., March T., 1913, No. 5125, in equity, dismissing exceptions to report of auditor, in case of Samuel H. Shingle, Ernest L. Parker and Gilbert S. Parker, executors of the last will and testament of Edward W. Smith, deceased, v. Edward B. Smyth, Patrick Henry and Pennell C. Kirkbride, a copartnership in brokerage and doing business under the firm name and style of Smyth, Henry and…

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Appeal, No. 107, Jan. T., 1914, by plaintiffs, from decree of C. P. No. 5, Philadelphia Co., March T., 1913, No. 5125, in equity, dismissing exceptions to report of auditor, in case of Samuel H. Shingle, Ernest L. Parker and Gilbert S. Parker, executors of the last will and testament of Edward W. Smith, deceased, v. Edward B. Smyth, Patrick Henry and Pennell C. Kirkbride, a copartnership in brokerage and doing business under the firm name and style of Smyth, Henry and Kirkbride. Bill in equity for discovery and for an accounting. Exceptions to report of J. Frederick Hartmann, Esq., auditor.…

1Opinion of the Court

Opinion by

Mr. Justice Frazer,

This is a bill in equity brought by plaintiffs, as executors, against defendants, who are stock and bond brokers, for discovery and an accounting for the value of certain shares of stock bought by them for and on account of the deceased. Defendants had been employed regularly for some time prior to decedent’s death, for the purpose of buying and selling for him various stocks, and the bill avers that the stocks, for which accounting is asked, had been pledged to defendants as collateral for any indebtedness of the deceased which might exist from time to time, and…

2Cases cited4 opinions

  1. Riegel v. American Life Ins.Supreme Court of Pennsylvania · 1893
  2. Kelley v. ShaySupreme Court of Pennsylvania · 1903
  3. Bussier v. WeekeySuperior Court of Pennsylvania · 1899
  4. Burke's AppealSupreme Court of Pennsylvania · 1882

3Cited by5 opinions

  1. Weaver v. WelshSupreme Court of Pennsylvania · 1937
  2. Hale v. SterlingSupreme Court of Pennsylvania · 1952
  3. Rosenberger v. KueselSupreme Court of Pennsylvania · 1928
  4. Goldberg v. WineSupreme Court of Pennsylvania · 1937
  5. Findsen v. KijakaziDistrict Court, D. Alaska · 2022

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