Fleming v. Fairmont & Mannington Railroad

LyNch, Judge :

The plaintiff brought his action before a justice, and recovered judgment, on overdue coupons detached from defendant’s bonds, secured by mortgage on all its property then owned and thereafter acquired by it. On appeal, the Intermediate Court dismissed the action; and, upon further appeal, thé Circuit Court affirmed the latter judgment. Hence this writ of error.

It is agreed that, before action, the coupons were due, and, although properly presented for payment, were unpaid. The plaintiff was, therefore, entitled to judgment and execution thereon, unless inhibited by some…