East Union Township v. Ryan
Supreme Court of Pennsylvania
. Error to the Court of Common Pleas of Schuylkill county: Of January Term, 1878. No. 267. Assumpsit by Patrick Ryan against the township of East Union.
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. Error to the Court of Common Pleas of Schuylkill county: Of January Term, 1878. No. 267. Assumpsit by Patrick Ryan against the township of East Union. The declaration contained the common counts, together Avith a special count, Avhich averred that under the provisions of the Act of April 7th Í873, commissioners were appointed to lay out a state road, to let the same to the lowest bidder, and to charge the expense thereof to the several toAvnships through Avhich the road Avas located; that said commissioners Avere authorized to draAv warrants in favor of the contractors on the treasurer of…
1Opinion of the CourtJustice Woodward
It was a fatal objection to the admissibility of the warrants of the state road commissioners, that they were drawn in favor of Andrew Comrey, while Patrick Ryan was the plaintiff in the action. It is true they were made payable to Comrey, “or bearer,” but that did not give them any of the qualities of commercial paper. In Reeside v. Knox, 2 Whart. 233, it was decided that a draft by a mail contractor, payable to his own 'order, on the postmaster-gen*463eral, was not a negotiable bill of exchange, so as to entitle a holder to sue in his own name. It was said in the opinion of the court that an…
2Cases cited5 opinions
- Lessee of Wister v. KammererSupreme Court of Pennsylvania · 1796
- Pleasants v. MengSupreme Court of the United States · 1788
- Reeside v. KnoxSupreme Court of Pennsylvania · 1837
- Lessee of Watt v. GilmoreSupreme Court of Pennsylvania · 1798
- Lessee of Marshall v. FordSupreme Court of Pennsylvania · 1792
3Cited by7 opinions
- Township of Snyder v. BovairdSupreme Court of Pennsylvania · 1888
- Comrey v. East Union TownshipSupreme Court of Pennsylvania · 1902
- Boyle's LunacySuperior Court of Pennsylvania · 1902
- Commonwealth v. SholtisSuperior Court of Pennsylvania · 1904
- Lessee of Marshall v. FordSupreme Court of Pennsylvania · 1792
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