Legal Opinion

Spiese v. Mutual Trust Co.

Supreme Court of Pennsylvania

Decided June 30, 1917No. Appeal, No. 10PublishedCited by 11 opinions

Appeal, No. 10, Jan. T., 1917, by plaintiff, from decree of C. P. No. 2, Philadelphia Co., March T., 1915, No. 4558, directing defendants to surrender to plaintiff certain property and securities upon payment by plaintiff to defendants of certain sums therein specified, in case of Franklyn Spiese v. Mutual Trust Company, a corporation, and William B. Kessler. Bill in equity for the transfer to plaintiff of certain property and securities and for damages.

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Appeal, No. 10, Jan. T., 1917, by plaintiff, from decree of C. P. No. 2, Philadelphia Co., March T., 1915, No. 4558, directing defendants to surrender to plaintiff certain property and securities upon payment by plaintiff to defendants of certain sums therein specified, in case of Franklyn Spiese v. Mutual Trust Company, a corporation, and William B. Kessler. Bill in equity for the transfer to plaintiff of certain property and securities and for damages. Before Wes■SEL, j! The facts appear by the opinion of the Supreme Court and in Spiese v. Mutual Trust Co. et al., Appellants, 258 Pa. 414.…

1Opinion of the Court

Opinion by

Mr. Justice Frazer,

Plaintiff appeals from the decree discussed in the preceding opinion alleging the measure of damage adopted by the court below was erroneous in excluding an item of salary from the computation and in refusing to allow profits plaintiff claimed would have resulted had the building operation been carried out.

The single assignment of' error is to the decree of the court below and contains nothing on its face to indicate the errqr complained of. The decree itself is long and complex containing eight paragraphs and a number of distinct and separate provisions and…

2Cases cited3 opinions

  1. Clyde Coal Co. v. Pittsburg & Lake Erie RailroadSupreme Court of Pennsylvania · 1910
  2. Cornelius v. LytleSupreme Court of Pennsylvania · 1914
  3. Moyn v. RoseSupreme Court of Pennsylvania · 1914

3Cited by11 opinions

  1. Taylor v. KaufholdSupreme Court of Pennsylvania · 1951
  2. Adams v. SpeckmanSupreme Court of Pennsylvania · 1956
  3. Atlas Portland Cement Co. v. American Brick & Clay Co.Supreme Court of Pennsylvania · 1924
  4. MacChia v. MegowSupreme Court of Pennsylvania · 1946
  5. Commonwealth v. ArcurioSuperior Court of Pennsylvania · 1927

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