Montgomery Bros. v. Montgomery
Supreme Court of Pennsylvania
Appeal, No. 151, Jan. T., 1921, by plaintiff, from decree of C. P. No. 4, Phila. Co., March T., 1919, No. 3815, dismissing bill in equity, in case of Montgomery Bros., Inc., v. Marshall Montgomery and Montgomery-Stewart Corporation. Bill in equity for injunction. Before McCullen, J. The opinion of the Supreme Court states the facts. The court dismissed the bill. Plaintiff appealed.
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Appeal, No. 151, Jan. T., 1921, by plaintiff, from decree of C. P. No. 4, Phila. Co., March T., 1919, No. 3815, dismissing bill in equity, in case of Montgomery Bros., Inc., v. Marshall Montgomery and Montgomery-Stewart Corporation. Bill in equity for injunction. Before McCullen, J. The opinion of the Supreme Court states the facts. The court dismissed the bill. Plaintiff appealed. Error assigned, among others, was decree dismissing exceptions to findings of fact and conclusions of law.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Prior to December 31,1904, Henry S. Montgomery and Marshall Montgomery were carrying on the business of manufacturing, buying and selling rubber goods, belting, packings, hose, rubber cements, paints, varnishes and lubricants, in the City of Philadelphia, under the firm name of Montgomery Brothers, and each had a half interest therein. On this date they entered into an agreement with Montgomery Brothers, Incorporated, a corporation formed by them, and now plaintiff herein, by which they agreed to convey the business to it, and covenanted they would not “at any…
2Cases cited1 opinion
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