North Pennsylvania Railroad v. Adams
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Philadelphia. This was an action, brought June 4th 1866, by Bushrod W. Adams against the North Pennsylvania Railroad Company, to recover the amount of 11 coupons of $30 each, payable respectively January 1st and July 1st 1861, and January 1st 1862. The coupons were of the following form: (30) Coupon No. 12. (30) NORTH PENNSYLVANIA RAILROAD COMPANY.
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Error to the Court of Common Pleas of Philadelphia. This was an action, brought June 4th 1866, by Bushrod W. Adams against the North Pennsylvania Railroad Company, to recover the amount of 11 coupons of $30 each, payable respectively January 1st and July 1st 1861, and January 1st 1862. The coupons were of the following form: (30) Coupon No. 12. (30) NORTH PENNSYLVANIA RAILROAD COMPANY. Interest Warrant for Thirty Dollars, on Bond No. 165, payable at the office of the Company, at Philadelphia,, January 1st 1861. (Signed) ALEXANDER EASTON, for Treasurer. Copies of all of them were filed with…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
—
The affidavit of defence in this case avers no possession of funds and readiness to pay the coupons at the time and place they were payable. The objection to the payment of interest is rested solely on the ground of non-presentation when due at the place appointed. But payment, tender and readiness to pay are all affirmative pleas, casting tbxe burden of proof upon the defendant. It has been decided, therefore, in this state and elsewhere, that presentation and demand at the place of payment are unnecessary to entitle the plaintiff to…
2Cases cited2 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Fitler v. BeckleySupreme Court of Pennsylvania · 1841
3Cited by4 opinions
- Traphagen v. FlemingCourt of Appeals for the Seventh Circuit · 1946
- Bell v. GrimstadMontana Supreme Court · 1928
- Philad. & R. R. v. KnightSupreme Court of Pennsylvania · 1889
- Rea v. Pennsylvania Canal Co.Supreme Court of Pennsylvania · 1915