McDowell v. North Side Bridge Co.
Supreme Court of Pennsylvania
Appeal, No. 208, Oct. T., 1915, by defendant, from judgment of O. P. Allegheny Co., July T., 1913, No. 338, on verdict for plaintiff, in case of Lizzie Martin McDowell, Executrix of N. M. McDowell, Deceased, v. North Side Bridge Company. Assumpsit on coupons detached, from bonds. Before Davis, J. The opinion of the Supreme Court states the facts.
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Appeal, No. 208, Oct. T., 1915, by defendant, from judgment of O. P. Allegheny Co., July T., 1913, No. 338, on verdict for plaintiff, in case of Lizzie Martin McDowell, Executrix of N. M. McDowell, Deceased, v. North Side Bridge Company. Assumpsit on coupons detached, from bonds. Before Davis, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $21,127.50, consisting of $7,-500.00 the face value of the coupons, with six per cent, interest from January 1, 1885, to April 14, 1915, and judgment thereon. Defendant appealed. Errors assigned were answers to points, the…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
This case is a sequel to the case reported in McDowell v. North Side Bridge Co., 247 Pa. 190. We there held, reversing the judgment, that the facts shown upon the trial were sufficient to overcome the presumption of payment, which, otherwise, because of the fact that more than twenty-one years had elapsed between the maturity of the coupons and the bringing of the action, would have defeated the right to recover. The present appeal is from a judgment for the plaintiff upon a verdict after a trial upon the merits. A motion for binding instructions for the…
2Cases cited4 opinions
- City v. LamsonSupreme Court of the United States · 1870
- Williamsport Gas Co. v. PinkertonSupreme Court of Pennsylvania · 1880
- McDowell v. North Side Bridge Co.Supreme Court of Pennsylvania · 1915
- Real Estate Trust Co. v. Pennsylvania Sugar Refining Co.Supreme Court of Pennsylvania · 1912
3Cited by7 opinions
- Hamilton v. Wheeling Public Service Co.West Virginia Supreme Court · 1921
- Traphagen v. FlemingCourt of Appeals for the Seventh Circuit · 1946
- Mershon v. Millerstown BoroughSuperior Court of Pennsylvania · 1937
- Clark v. City of New Castle, Pennsylvania Court of Common Pleas, Lawrence County1938
- Dickerson v. Wilkes-Barre & Hazelton RailroadSupreme Court of New Jersey · 1926
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