Legal Opinion

Provident Life & Trust Co. v. Hammond

Supreme Court of Pennsylvania

Decided February 13, 1911No. Appeal, No. 229PublishedCited by 40 opinions

Appeal, No. 229, Jan. T., 1910, by defendants, from decree of C. P. No. 2, Phila. Co., Dec. T., 1907, No. 2438, on bill in equity in case of The Provident Life & Trust Company of Philadelphia v. John S. Hammond et al. Bill in equity for an injunction. Before Wiltbank, J. The case is stated in the opinion of the Supreme Court. Error assigned was decree awarding an injunction.

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Appeal, No. 229, Jan. T., 1910, by defendants, from decree of C. P. No. 2, Phila. Co., Dec. T., 1907, No. 2438, on bill in equity in case of The Provident Life & Trust Company of Philadelphia v. John S. Hammond et al. Bill in equity for an injunction. Before Wiltbank, J. The case is stated in the opinion of the Supreme Court. Error assigned was decree awarding an injunction. The title of the Act of June 7, 1907, P. L. 430, is not so defective as to make the act unconstitutional: Com. v. Curry, 4 Pa. Superior Ct. 356. It is true that the title must not be misleading, but who could have been…

1Opinion of the Court

Opinion by

Mr. Justice Mesteezat,

By its charter the plaintiff company is authorized to do business as a trust and life insurance company. In 1908 the company paid a state tax of five mills on its capital stock, appraised for the purpose at $12,700,000, a four mill tax on certain securities held in trust, aggregating $10,799,707, and also a tax on its gross premiums. Under protest the company made a return of bonds, mortgages and other securities aggregating $45,010,962.45, which it alleged and the court below found were owned by it in its own right and, therefore, not subject to taxation. The *411d…

2Cases cited10 opinions

  1. In re Road in the Borough of PhoenixvilleSupreme Court of Pennsylvania · 1885
  2. Philadelphia v. Ridge Ave. Ry. Co., Pennsylvania Court of Common Pleas, Philadelphia County1891
  3. Dorsey & Macklin, & Donnelly & Co.'s AppealSupreme Court of Pennsylvania · 1872
  4. Davey v. RuffellSupreme Court of Pennsylvania · 1894
  5. Dailey v. Potter CountySupreme Court of Pennsylvania · 1902

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3Cited by40 opinions

  1. Consumer Party of Pennsylvania v. Com.Supreme Court of Pennsylvania · 1986
  2. Commonwealth v. StofchekSupreme Court of Pennsylvania · 1936
  3. Phillips's EstateSupreme Court of Pennsylvania · 1928
  4. Commonwealth v. DepofiSupreme Court of Pennsylvania · 1949
  5. Phantom Fireworks Showrooms, LLC v. Tom Wolf, Governor of the Comwlth of PACommonwealth Court of Pennsylvania · 2018

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