Landis v. West. Penna. R. Co.
Pennsylvania Court of Common Pleas, Philadelphia County
No. 53 January Term 1890, Sup. Ct.; court below, No. 164 March Term 1889, C. P. No. 3. On April 11, 1889, H. D. Landis, who survived William Dilworth, S. Branson, and James Vance, trading as Dilworth, Bran-son & Co., brought assumpsit against the Western Pennsylvania R. Co. to recover damages for the failure to deliver, on demand, its own stock equal to the amount of a bond and coupons of the Northwestern R. Co. tendered by the plaintiff in exchange, under an alleged…
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No. 53 January Term 1890, Sup. Ct.; court below, No. 164 March Term 1889, C. P. No. 3. On April 11, 1889, H. D. Landis, who survived William Dilworth, S. Branson, and James Vance, trading as Dilworth, Bran-son & Co., brought assumpsit against the Western Pennsylvania R. Co. to recover damages for the failure to deliver, on demand, its own stock equal to the amount of a bond and coupons of the Northwestern R. Co. tendered by the plaintiff in exchange, under an alleged agreement by defendant, who was the successor of the North-western R. Co. to issue its own stock to the holders of the bonds of…
1Opinion of the Court
Opinion,
Mb. Justice Mitchell-.
Plaintiff brought assumpsit against defendant for failure to deliver, on demand, its own stock equal to the amount of a bond and coupons of the Northwestern Railroad Company tendered by plaintiff in exchange. To establish the duty of defendant to make this exchange, plaintiff set out in his statement the bond of the^Northwestern company, the proceedings on the mortgage whereby, said bond was secured, the sale of the railroad to William L. Hirst as trustee for the bondholders, the incorporation of defendant company, and the conveyance by Hirst to it, with, an…
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