Legal Opinion

Philadelphia, Wilmington & Baltimore Railroad v. Woelpper

Supreme Court of Pennsylvania

Decided March 10, 1870PublishedCited by 8 opinions

Appeal from the decree of the Court of Common Pleas of Chester county: In Equity: No. 268, to January Term 1870. On the 7th of September 1869, David Woelpper filed a bill against The Philadelphia, Wilmington and Baltimore Railroad Company, De Witt Clinton Lewis, sheriff of Chester county, The Philadelphia and Baltimore Central Railroad Company, and Ezra Bowen and George S. Eox, trustees in a mortgage executed by the last-named company.

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Appeal from the decree of the Court of Common Pleas of Chester county: In Equity: No. 268, to January Term 1870. On the 7th of September 1869, David Woelpper filed a bill against The Philadelphia, Wilmington and Baltimore Railroad Company, De Witt Clinton Lewis, sheriff of Chester county, The Philadelphia and Baltimore Central Railroad Company, and Ezra Bowen and George S. Eox, trustees in a mortgage executed by the last-named company. The bill set out:— 1. The incorporation of the Philadelphia and Baltimore Central Railroad Company by Pennsylvania and its union by authority of Pennsylvania…

1Opinion of the Court

The opinion of the court was delivered,

by Sharswood, J.

— By the Act of Assembly of February 12th 1856 (Pamph L. 42) it was provided “ that for the purpose of constructing and equipping the Philadelphia and Baltimore Central Railroad, chartered by the legislatures of Pennsylvania and Maryland, the said company is hereby authorized to borrow money to any amount not exceeding $1,500,000,” * * * “ and *371to issue their bonds therefor,” * * * “ and to secure the payment of the said bonds and their interest by executing and delivering to such trustee or trustees as they may select, a mortgage or…

2Cited by8 opinions

  1. Commonwealth v. Susq. & Del. River R.Supreme Court of Pennsylvania · 1888
  2. Taylor v. SwaffordTennessee Supreme Court · 1909
  3. Duffy v. B. L. Assn.Supreme Court of Pennsylvania · 1936
  4. Duffy v. 58th & Chester Avenue Building & Loan Ass'nSupreme Court of Pennsylvania · 1937
  5. Bachrach v. Huntingdon & Broad Top Mountain R. R. & Coal Co.Supreme Court of Pennsylvania · 1926

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