Legal Opinion

Philadelphia Trust, Safe Deposit & Insurance v. Philadelphia & Erie Railroad

Supreme Court of Pennsylvania

Decided October 6, 1896No. Appeal, No. 437PublishedCited by 5 opinions

Appeal, No. 437, Jan. T., 1895, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1891, No. 841, on verdict for plaintiff. Assumpsit to recover amount of principal and interest of railroad bonds.

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Appeal, No. 437, Jan. T., 1895, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1891, No. 841, on verdict for plaintiff. Assumpsit to recover amount of principal and interest of railroad bonds. Before Biddle, P. J. The facts appear by the opinion of the Supreme Court, and by the former report of this case in 160 Pa. 590. At the trial defendant offered to prove by the witness on the stand, George B. Roberts, that in 1877, at or shortly before the maturity of the bonds, a syndicate, of which the witness (who was then vice president of the Pennsylvania Railroad Company and…

1Opinion of the Court

Opinion by

Mr. Justice Dean,

This case was here before, and is fully reported in 160 Pa. 590. In the first trial, the court below peremptorily directed a verdict for plaintiff, on the ground there was no evidence to rebut the presumption of ownership of the bonds sued on, raised by the fact of possession. We thought differently, and sent the case back that the evidence might be submitted to the jury. On retrial, the jury has found for plaintiff, and we have this appeal. In reviewing this case, what we said when it was here before as to the significance of the evidence, should, without…

2Cases cited3 opinions

  1. Phila. Trust Co. v. Phila. & Erie R. R.Supreme Court of Pennsylvania · 1894
  2. Heydrick v. HutchinsonSupreme Court of Pennsylvania · 1895
  3. Pennsylvania Railroad v. BerrySupreme Court of Pennsylvania · 1871

3Cited by5 opinions

  1. Commonwealth v. GoldbergSuperior Court of Pennsylvania · 1897
  2. Lingle v. Scranton Railway Co.Supreme Court of Pennsylvania · 1906
  3. J. B. Larzelere & Son v. TielSuperior Court of Pennsylvania · 1896
  4. Stewart v. WildSupreme Court of Iowa · 1926
  5. Lee v. WilliamsSuperior Court of Pennsylvania · 1906

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