Fidelity Title & Trust Co. v. Schenley Park & Highlands Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 67, Oct. T., 1898, by defendant, from judgment of C. P. No. 1, Allegheny County, Sept. T., 1896, No. 229, on verdict for plaintiff. Scire facias sur mortgage.
Read the full summary
Appeal, No. 67, Oct. T., 1898, by defendant, from judgment of C. P. No. 1, Allegheny County, Sept. T., 1896, No. 229, on verdict for plaintiff. Scire facias sur mortgage. Before Stowe, P. J. At the trial the following facts appeared: The Squirrel Hill Railroad Company was organized under the general railroad act of 1868 and it commenced the construction of the road in 1889. On December 10,1889, when the work was under way, and when contractors’ claims were unpaid, the company executed a mortgage upon the roadbed, franchises, etc., to the Fidelity Title & Trust Company, trustee, to secure the…
1Opinion of the Court
Opinion by
Me. Justice Green,
This proceeding is a sci. fa. on a mortgage given by the Squirrel Hill R. R. Co. to secure the payment of fifty bonds of §1,000 each, of which only six thousand were issued. These bonds were issued to the Gilbert Car Mfg. Co. who transferred them to H. S. Hale, for whose benefit the present suit was brought by the Fidelity Title and Trust Co. The bonds were issued on January 4, 1890. Afterwards, in June, 1890, when the road was nearly finished, a bill was filed against the Squirrel Hill R. R. Co. by certain creditors of the company, the object of which was to stay…
2Cases cited5 opinions
- Howard v. Railway Co.Supreme Court of the United States · 1880
- Snow v. WinslowSupreme Court of Iowa · 1880
- Fox v. SealSupreme Court of the United States · 1875
- Bayard's AppealSupreme Court of Pennsylvania · 1873
- Shamokin Valley & Pottsville Railroad v. MaloneSupreme Court of Pennsylvania · 1877
3Cited by2 opinions
- Novor v. Fourth St. Bargain Store Co.Court of Chancery of Delaware · 1929
- Perrin v. Merchants Ice Co., Pennsylvania Court of Common Pleas, Dauphin County1933