Neiler & Warren v. Kelley
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of JErie county: No. 76, to October and November Term 1870. William Kelley on the 27th of March 1867, brought an action of trover against William 0. Warren and Samuel E. Neiler, partners as Neiler & Warren.
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Error to the Court of Common Pleas of JErie county: No. 76, to October and November Term 1870. William Kelley on the 27th of March 1867, brought an action of trover against William 0. Warren and Samuel E. Neiler, partners as Neiler & Warren. The plaintiff’s declaration was that he “was possessed of 70 shares of the stock of the Sunbury and Erie Railroad Company of the par value of $100 each, 43/^j shares of the Alton, Terre Haute and St. Louis Railroad Company, of the par value of $100 each; 4 bonds of the Philadelphia and Erie Railroad Company, of $1000 each; 4 bonds made by the Philadelphia…
1Opinion of the Court
The opinion of the court was delivered, October 23d 1871, by
Sharswood, J.
This was an action of trover to recover damages for the conversion of certain railroad stocks and bonds alleged to have been held by the defendants below, as a pledge or collateral security for the payment of a debt or debts owing by the plaintiff to them.
*407The first assignment of error is, that the court below erred in overruling the demurrer to the declaration. This declaration was undoubtedly, as to part of it, defective in substance, and had that part of it alone been demurred to, it must either have been amended, or…
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