Phila. Trust Co. v. Phila. & Erie R. R.
Supreme Court of Pennsylvania
Appeal, No. 437, Jan. T., 1893, by-defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1891, No. 841, on verdict for plaintiff, as executor of A. Boyd Cummings, deceased. Assumpsit to recover amount of principal and interest on railroad bonds. Before Biddle, J. The facts appear by the opinion of the Supreme Court. Binding instruction for plaintiff was given. [1] Verdict and judgment for plaintiff for $62,838.32. Error assigned, among others, was above instruction.
1Opinion of the Court
Opinion by
Mb.. Justice Dean,'
The plaintiff sued to recover from defendant the principal and interest on twenty-four $1,000 bonds issued in 1857 by the Sunbury and Erie Railroad Company, which last-named company had, by legislative enactment, been changed to the Philadelphia and Erie Railroad-. There was no denial b3 defendant *594of its obligation to pay the bonded indebtedness of the Sunbury and Erie Company. The only real contention, in view of the evidence, it seems to us, was, whether plaintiff or defendant was the owner of the bonds. Plaintiff was in possession, and offered them in evidence;…
2Cases cited3 opinions
- City v. LamsonSupreme Court of the United States · 1870
- Reed v. ReedSupreme Court of Pennsylvania · 1863
- Eby v. Eby's AssigneeSupreme Court of Pennsylvania · 1846
3Cited by6 opinions
- Whigham v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1941
- Philadelphia Trust, Safe Deposit & Insurance v. Philadelphia & Erie RailroadSupreme Court of Pennsylvania · 1896
- Prescott v. Williamsport & N. B. R. Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1908
- Smith v. SmithSuperior Court of Pennsylvania · 1908
- Veech v. Trustees of Trinity Episcopal Church, Pennsylvania Court of Common Pleas, Fayette County1922
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