Legal Opinion

Hopkins v. Railroad

Supreme Court of Pennsylvania

Decided May 15, 1842PublishedCited by 4 opinions

ERROR to the Common Pleas of Dauphin county. Howell Hopkins, endorsee of the Southern Loan Company, against the Cumberland Valley Railroad Company. This action was founded upon the following note: Office of the Cumberland Valley Railroad Co., Carlisle, March Gth 1839. Six months after date, the Cumberland Valley Railroad Company promises to pay to the order of James Johnson, the sum of eight thousand dollars, without defalcation, for value received.

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ERROR to the Common Pleas of Dauphin county. Howell Hopkins, endorsee of the Southern Loan Company, against the Cumberland Valley Railroad Company. This action was founded upon the following note: Office of the Cumberland Valley Railroad Co., Carlisle, March Gth 1839. Six months after date, the Cumberland Valley Railroad Company promises to pay to the order of James Johnson, the sum of eight thousand dollars, without defalcation, for value received. Payable at the bank of the United States. T. G. M’Collough, Pres’t. Attest, J. W. Eby, Sec’y. (Seal of the corporation). (Endorsed) Jambs…

1Opinion of the Court

The opinion of the Court was" delivered by

Huston, J.

In the discussion of this cause in this court, a wide

range was taken by the counsel of- the plaintiff. Many points of law1 were raised, and some of them ably discussed, which are not material to a decision of the case. It is sometimes objected that this court, in delivering its judgment, does not notice every point stated and reasoned on by counsel. Where points are material to the correct decision of the case, the complaint may have some foundation. But there are cases in which some one point is and must be decisive of the cause, and this…

2Cases cited2 opinions

  1. Taylor v. GlaserSupreme Court of Pennsylvania · 1816
  2. Frevall v. FitchSupreme Court of Pennsylvania · 1840

3Cited by4 opinions

  1. Chestnut v. TysonSupreme Court of Alabama · 1894
  2. Somers v. SchmidtWisconsin Supreme Court · 1869
  3. Guthrie v. ImbrieOregon Supreme Court · 1885
  4. Mason v. FrickSupreme Court of Pennsylvania · 1884

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