Borough of Freeport v. Marks
Supreme Court of Pennsylvania
Error to the Court of Common Fleas of Armstrong county: No. 130, to October and November Term 1867. This was an action of debt to December Term 1866, by Samuel Marks against the borough of Freeport. The suit was on a bond or certificate of indebtedness, dated July 1st 1865, signed by J. Cr. Epler Burgess, and attested by Wilson Sproul, secretary, under the corporate seal.
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Error to the Court of Common Fleas of Armstrong county: No. 130, to October and November Term 1867. This was an action of debt to December Term 1866, by Samuel Marks against the borough of Freeport. The suit was on a bond or certificate of indebtedness, dated July 1st 1865, signed by J. Cr. Epler Burgess, and attested by Wilson Sproul, secretary, under the corporate seal. By the instrument the borough promised to pay to the plaintiff $100, with interest, in one year after date, “ under the authority granted by the Act of Assembly, entitled ‘ An Act relating to the payment of bounties to…
1Opinion of the Court
The opinion of the court was delivered, November 5th 1868, by
Agnew, J.
Of the numerous assignments of error to the charge of the court in reply to the defendant’s points, the plaintiff in error insists upon the 3d and 6th only. The 3d was fully and correctly answered,' and the facts fairly submitted to the jury upon the very marrow of the plaintiff’s case, to wit, the consideration furnished by him for the bond, and the recognition of it by the corporate authorities. The 6th point was also answered correctly in view of the evidence of the payment of the money *257of the plaintiff through the…
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- Cleaver Appeal, Pennsylvania Court of Common Pleas, Chester County1961
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