Gloninger v. Pittsb. & C. R.
Supreme Court of Pennsylvania
APPEAL T5Y PLAINTIFFS FEOM THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 214 October Term 1889, Sup. Ot.; court below, No. 477 March Term 1886, C. P. No. 1, in Equity.
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APPEAL T5Y PLAINTIFFS FEOM THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 214 October Term 1889, Sup. Ot.; court below, No. 477 March Term 1886, C. P. No. 1, in Equity. On February 3, 1886, John R. Gloninger, administrator of the estate of Sarah B. Fetterman, deceased, and executor of the will of G. L. B. Fetterman, deceased, and Ada K. Chain, filed a bill in equity, on behalf of themselves as stockholders in the Pittsburgh & Connellsville Railroad Company, and on behalf of any other stockholders therein who might intervene as plaintiffs, against said Pittsburgh & Connellsville…
1Opinion of the Court
OPINION,
Mr. Justice Green :
It was contended for the appellants, on the argument of this case and in the paper-books, that there was no power expressly given to the Pittsburgh & Connellsville Railroad Company to mortgage its franchise ; and the conclusion was deduced that, as the mortgage in controversy included the franchise as well as the railroad and specific property of the company, the entire mortgage was rendered void. We do not assent to the proposition that there was no authority expressed or implied to mortgage the franchise, but the decision of that question is not necessary, because…
2Cases cited12 opinions
- Ahl v. RhoadsSupreme Court of Pennsylvania · 1877
- Pennsylvania Railroad v. DuncanSupreme Court of Pennsylvania · 1886
- Williamsport Pass. Ry. Co. v. WilliamsportSupreme Court of Pennsylvania · 1888
- Lewis v. HollahanSupreme Court of Pennsylvania · 1883
- Pittsburg & Connellsville Railroad v. County of AlleghenySupreme Court of Pennsylvania · 1870
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- Com. ex rel. Lesher v. Dock, Pennsylvania Court of Common Pleas, Union County1924