Steele v. Maher
Superior Court of Pennsylvania
Appeal, No. 5, April T., 1909, by defendant, from judgment of C. P. Indiana Co., March T., 1903, No. 208, on verdict for plaintiffs in case of P. W. Steele, Admin-i'strator of Sarah J. Miller, deceased, et al., v. Thomas Maher. Before Rice, P. J., Porter, Henderson, Morrison, Orlady, Head and Beaver, JJ. Assumpsit to recover minimum coal royalties. Before Tel-ford, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 5, April T., 1909, by defendant, from judgment of C. P. Indiana Co., March T., 1903, No. 208, on verdict for plaintiffs in case of P. W. Steele, Admin-i'strator of Sarah J. Miller, deceased, et al., v. Thomas Maher. Before Rice, P. J., Porter, Henderson, Morrison, Orlady, Head and Beaver, JJ. Assumpsit to recover minimum coal royalties. Before Tel-ford, P. J. The facts are stated in the opinion of the Superior Court. When Thomas Maher was on the stand, he was asked this question: “Q. Had you any knowledge of the coal in the Freeport vein at that time, in what is known as the Upper…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of assumpsit brought to recover the annual minimum royalty of 1400 alleged to be due for the year ending November 7, 1902, under a sealed instrument, called a coal lease, executed and delivered in 1890, and duly recorded in 1891. The grantors in this instrument were the owners by tenancy in common of the land. One of them and the personal representatives of the two others, who died after the execution of the instrument, were the plaintiffs in the action, and the grantee in the instrument was the defendant.
The defendant set up by his offers of testimony…
2Cases cited18 opinions
- Westmoreland N. Gas Co. v. DeWittSupreme Court of Pennsylvania · 1889
- Wills v. Manufacturers N. Gas Co.Supreme Court of Pennsylvania · 1889
- Vito v. BirkelSupreme Court of Pennsylvania · 1904
- Denniston v. HaddockSupreme Court of Pennsylvania · 1901
- Cochran v. PewSupreme Court of Pennsylvania · 1893
13 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Corona Coal & Coke Co. v. DickinsonSupreme Court of Pennsylvania · 1918
- Cape May Real Estate Co. v. HendersonSuperior Court of Pennsylvania · 1910
- Bronisz v. CienkowskiSuperior Court of Pennsylvania · 1917
- Sentry Safety Control Corp. v. Jaybee Amusement Co.Superior Court of Pennsylvania · 1933
- Hay v. BaerSuperior Court of Pennsylvania · 1911
1 more not listed; retrieve them via the Exa API.