Green & Coates Streets Passenger Railway Co. v. Moore & Rich
Supreme Court of Pennsylvania
Certificate from Nisi Prius: No. 418, to January Term 1867. This was an action of debt in which a summons issued, February 27th 1867, at the suit of Daniel T. Moore and Burrows P. Rich, against The Green and Coates Streets Passenger Railway Company.
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Certificate from Nisi Prius: No. 418, to January Term 1867. This was an action of debt in which a summons issued, February 27th 1867, at the suit of Daniel T. Moore and Burrows P. Rich, against The Green and Coates Streets Passenger Railway Company. The declaration contained three counts— 1. That the plaintiffs owned the horses, coaches and other stock of an omnibus line on Green and Coates streets, Philadelphia, and the defendants were created a corporation to construct a railroad along Green and Coates streets, with the privilege to use those streets “ after the purchase at the option of…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
— The Act of Assembly of March 27th 1713, “An act for Limitation of Actions,” 1 Smith’s Laws 76, copying the words of the statute 21 Jac. 1, c. 16, enacts that “ all actions of debt grounded upon any lending or contract without specialty” shall be commenced and sued within six years next after the cause of such action or suit, and not after. It was held in Hodsden v. Harridge, 2 Saund. Rep. 64 b., that an action of debt on an award was not within the statute. The award indeed in that case was under seal, but as it was in pursuance of a…
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