Frick v. County of Mercer
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF MERCER COUNTY. No. 202 October Term 1890, Sup. Ct.; court below, No. 78 March Term 1888, C. P. Ou March 2,1888, Benjamin Frick brought assumpsit against the county of Mercer, filing a statement of claim upon three bonds of the county issued for stock of the Pittsburgh & Erie Railroad Company.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF MERCER COUNTY. No. 202 October Term 1890, Sup. Ct.; court below, No. 78 March Term 1888, C. P. Ou March 2,1888, Benjamin Frick brought assumpsit against the county of Mercer, filing a statement of claim upon three bonds of the county issued for stock of the Pittsburgh & Erie Railroad Company. An affidavit of defence was filed, in which it was averred “ that the issuance of the bonds upon which said claim is founded, was without authority of law and therefore void, and created no legal liability on the county to pay the same or any part…
1Opinion of the Court
OuiNioN,
Mu. Justice Stbrrbtt:
This action of assumpsit was brought March 2, 1888, on three bonds of the county defendant, dated September 5, 1853, for $100 each, payable to the Pittsburgh & Erie Railroad Company or bearer, at the office of the Ohio Life Insurance & Trust Company in New York, twenty years after date, with interest semi-annually, etc. The bonds purport to have been issued under authority of the act of May 4, 1852, entitled “ A supplement to an act incorporating the Pittsburgh & Erie Railroad Company, approved April 21, 1846,” and are part of the same issue of bonds which was the…
2Cases cited1 opinion
- Mercer County v. Pittsburgh & Erie RailroadSupreme Court of Pennsylvania · 1856
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- Saliou Bah v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2018