237 Pa. 171 | Pa. | 1912
Opinion by
The Connellsville and Ursina Coal and Coke Company and the Ursina & Norfolk Railway were joint enterprises, the capital stock of which was owned as follows: E. H. Reid, 18-40, J. M. Reid, 10-40, B. F. Boyts, 9-40, and the Scull Estate, 3-40; for which certificates were never actually issued. On January 27, 1900, J. M. Reid by a writing formally transferred his interest in this stock and all claims and accounts that he might have against the two companies to E. H. Reid, and the latter signed an agreement acknowledging that he had received from the former “a transfer of his stock
......for which I will pay him four months from date the sum of $22,695.88, or if not paid will return this transfer.” The consideration was not paid within the four months, and J. M. Reid claims that all rights under the assignment were forfeited, as though it had never been executed; on the other hand, E. H. Reid contends that his rights were not impaired by the nonpayment of the consideration within the four months, since J. M.
A fund was realized from a sale of the property of the two companies [as more particularly set forth in the opinion this day filed in Reid v. Reid, et al. (No. 2), 237 Pa. 176], and after the payment of certain obligations there remained a considerable balance for distribution to the stockholders. This was in the hands of the Somerset Trust Co., which declared its purpose to recognize E. H. Reid to the exclusion of J. M. Reid in making division thereof; whereupon the latter commenced these proceedings to restrain the proposed distribution and to secure a division of the fund by a decree of court. In his bill the plaintiff claimed that he owned the stock in question, and the defendant, E. H. Reid, answered, denying this claim of ownership and averring that the stock, etc., had passed to him by virtue of the aforesaid assignment. At hearing the court below found in favor of E. H. Reid and made the award accordingly. J. M. Reid appealed; he states but two questions involved, which we will take up in order.
First, “Is it error for the court not to answer requests for findings of fact and conclusions of law?” The trial judge wrote an adjudication in which he made his own findings and conclusions, and he subsequently filed an order placing the plaintiff’s formal requests upon the record, stating, “These requests have been delivered to the prothonotary by the trial judge with his own findings and conclusions,” and adding, “It is ordered that they be marked as filed as of the date of the filing of the said findings of fact and conclusions...... and it is further ordered that to the extent that they are inconsistent with such findings of fact and conclusions of law, they be and are hereby refused.” This was the only direct answer made to the plaintiff’s requests. We have read all the findings of the court below and also the unanswered requests, and we do not find anything in the former which specifically covers
The appellant was entitled to specific answers to his requests, and if the facts asserted in those to which we have particularly called attention were found as therein stated, the court should have dealt with the legal effect of such facts in its conclusions of law and should have given us the benefit of a discussion thereof in its opinion. In fact the court should have answered all the requests made by the appellant either by affirming or denying them, or, if its own findings sufficiently covered any of them, then, in every such instance, by an express reference designating Such findings. Equity rule 62 provides, “The counsel for the respective parties
If the court below thought the requests bad in form or that the facts asserted therein were immaterial, the chancellor should have so stated, and on review the only questions would be as to their form or materiality: Hoyt v. Kingston Coal Co., 203 Pa. 509. But in view of the fact that the chancellor seems to have based his conclusion largely upon the apparent admissions of the appellant to the effect that the stock in question belonged to E. H. Reid, it is essential, on review, to have 'findings concerning the real understanding between the parties when these declarations were made; for if, as the appellant contends, the so-called admissions were merely for the purpose of reassuring the trust company, without prejudice to anyone, and upon an understanding that, as between E. H. Reid and J.
The second question stated as involved in this appeal goes directly to the merits of the case; hence, it cannot he considered until the appellant’s requests have been dealt with by the learned court lelow. The decree is vacated and set aside, and the record is remitted, with directions that the requests for findings of fact and conclusions of law presented by J. M. Reid be answered, as required by the equity rules and as indicated in this opinion; and that, after the requests have been answered and made part of the record, a decree be entered. The costs of this appeal to be paid by E. H. Reid, appellee.