Legal Opinion · Concurrence

County of Armstrong v. Brinton

Supreme Court of Pennsylvania

Decided May 26, 1854Published

Appeal from the Common Pleas of Chester county, sitting in Equity. This was a hill in equity, filed-in the Court of Common Pleas of Chester county, in which the County of Armstrong was complainant, and George Brinton respondent.

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Appeal from the Common Pleas of Chester county, sitting in Equity. This was a hill in equity, filed-in the Court of Common Pleas of Chester county, in which the County of Armstrong was complainant, and George Brinton respondent. The bill set forth, That by an Act of Assembly, approved 4th of April 1837, the governor was empowered to incorporate the Pittsburgh, Kittanning and "Warren Railroad Company, with power to construct a railroad from Pittsburgh by way of Kit-tanning to the town of Warren, in Warren county, Pennsylvania. That by a supplement to the Act of 1837, passed the 14th of April…

1Concurrence

Concurring opinion by

Thompson, J.

I concur in the o,pinion of the chief justice. The doctrine of this court in Thomas v. The Commissioners of Allegheny County, 8 Casey 265, repeated in Diamond v. The County of Lawrence, 1 Wright 353, and now practically applied, is, that municipal bonds payable to bearer, are not to the full extent commercial paper. “The seal spoils that,” we said on a former occasion, and that this is true by the law-merchant, no lawyer can doubt. That other courts have held this specialty quality to be merged by the current term “ bearer,” is true ; but this is an innovation…

2Cases cited1 opinion

  1. Johnson's Administrator v. KellyOhio Supreme Court · 1883

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