Junction Railroad v. Bank of Ashland
Supreme Court of the United States
Error to the Circuit Court for the District of Indiana. Thia-was an action of debt brought by the Bank of Ash-land, a corporation of Kentucky, against the Junction.Railroad Company, a corporation of Indiana, to recover the amount of nine bonds of the latter cornpauyfor one thousand dollars each, with interest coupons attached.
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Error to the Circuit Court for the District of Indiana. Thia-was an action of debt brought by the Bank of Ash-land, a corporation of Kentucky, against the Junction.Railroad Company, a corporation of Indiana, to recover the amount of nine bonds of the latter cornpauyfor one thousand dollars each, with interest coupons attached. The bonds bore date the 1st day of July, 1853, and were payable to Caleb Jones, or bearer, at the office of the Ohio Life Insurance and Trust Company, in the city of New York, on the 1st day of July, 1863, with interest at the rate of ten per cent, per annum, payable…
1Opinion of the CourtJustice Bradley
Unless this case has become'embarrassed by the pleadings, the facts as found by the court present a clear case in favor of the plaintiff. If they could have been given in evidence under the common count, we should have felt no hesitation in sustaining the judgment on that count alone, disregarding the special counts and the pleadings thereto. But it has been held that an agreement under seal for the payment of money cannot be received to support the common rhoney counts. It will be necessary, therefore, to examine the case with reference to the defences set up in the special pleas. In all of…
2Cases cited1 opinion
- Owings v. HullSupreme Court of the United States · 1835
3Cited by30 opinions
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Hanley v. DonoghueSupreme Court of the United States · 1885
- Seeman v. Philadelphia Warehouse Co.Supreme Court of the United States · 1927
- Bedford v. Eastern Building and Loan Assn.Supreme Court of the United States · 1901
- Burns Mortgage Co. v. FriedSupreme Court of the United States · 1934
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