Comrey v. East Union Township
Supreme Court of Pennsylvania
Appeal, No. 401, Jan. T., 1901, by defendant, from judgment of C. P. Schuylkill Co., March T., 1875, No. 789, on verdict for plaintiff in case of Andrew Comrey to use of Ephraim Barlow, now to use of Samuel A. Beddall, Executor of Thomas Beddall, Deceased, v. East Union Township. Assumpsit on orders issued by the commissioners of the state road. Before Shay, J. At the trial it appeared that the suit was begun in 1875 by Ephraim Barlow.
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Appeal, No. 401, Jan. T., 1901, by defendant, from judgment of C. P. Schuylkill Co., March T., 1875, No. 789, on verdict for plaintiff in case of Andrew Comrey to use of Ephraim Barlow, now to use of Samuel A. Beddall, Executor of Thomas Beddall, Deceased, v. East Union Township. Assumpsit on orders issued by the commissioners of the state road. Before Shay, J. At the trial it appeared that the suit was begun in 1875 by Ephraim Barlow. In 1901, the record was amended so as to substitute Andrew Comrey as the legal plaintiff. It appeared that the orders on which the suit was brought were made…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
It was decided in East Union Twp. v. Ryan, 86 Pa. 459, that the holder of an order upon the township treasurer, by the commissioners of the state road under the act of April 7, 1873, could not sue in his own name, although the order was drawn to the contractor “ or bearer.” As that decision was upon an order in the same form and under the same statute, there is no room for distinction and it is conclusive in the present case. None of the subsequent decisions on the same act have any bearing on this point.
There was therefore no suit in which any recovery could be…
2Cases cited1 opinion
- East Union Township v. RyanSupreme Court of Pennsylvania · 1878
3Cited by4 opinions
- Jackson v. Conneautville Borough School DistrictSupreme Court of Pennsylvania · 1924
- Hoffman v. New Jersey Federation of Young Men's & Young Women's Hebrew Ass'nsCourt of Appeals for the Third Circuit · 1939
- Weiler v. WeissSuperior Court of Pennsylvania · 1904
- Fritz v. Fritz, Pennsylvania Court of Common Pleas, Schuylkill County1928