Philad. & R. R. v. Knight
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NC>. 3 OF PHILADELPHIA COUNTY. No. 440 January Term 1888, Sup. Ct.; court below, No. 671 December Term 1887, C. P. No. 3. To the number and term of the court helow indicated, David A. Knight and others, executors of Wm.
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ERROR TO THE COURT OF COMMON PLEAS NC>. 3 OF PHILADELPHIA COUNTY. No. 440 January Term 1888, Sup. Ct.; court below, No. 671 December Term 1887, C. P. No. 3. To the number and term of the court helow indicated, David A. Knight and others, executors of Wm. H. Knight, deceased, brought assumpsit against the Philadelphia & Reading R. Co., to recover upon certain interest coupons from corporate bonds issued by the Schuylkill Navigation Co., secured by a trust deed or mortgage dated July 12, 1870. With the plaintiff’s statement was filed an attached copy of the bond of the navigation company and of…
1Opinion of the Court
Opinion,
Me. Chief Justice Paxson:
The liability of the plaintiffs in error in these cases is conceded to the extent of the principal of the bonds and the interest due thereon. They deny, however, that they are responsible under their contract of suretyship for interest upon the over-due coupons; no such contract appears upon the coupons ; it is to be found indorsed upon the back of the bonds respectively and is as follows:
“ Know all men by these presents, that for a valuable consideration the Philadelphia and Reading Railroad Company hereby guarantee the punctual payment of the principal and…
2Cases cited5 opinions
- Town of Genoa v. WoodruffSupreme Court of the United States · 1876
- County of Beaver v. ArmstrongSupreme Court of Pennsylvania · 1863
- Philadelphia & Reading Railroad v. SmithSupreme Court of Pennsylvania · 1884
- North Pennsylvania Railroad v. AdamsSupreme Court of Pennsylvania · 1867
- Philadelphia & Reading Railroad v. Fidelity Insurance, Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1884
3Cited by4 opinions
- Pittsburg Construction Co. v. West Side Belt RailroadSupreme Court of Pennsylvania · 1909
- Traphagen v. FlemingCourt of Appeals for the Seventh Circuit · 1946
- Wurlitzer Company v. OliverDistrict Court, W.D. Pennsylvania · 1971
- Caplan Estate, Pennsylvania Court of Common Pleas, Dauphin County1975