Philadelphia & Baltimore Central Railroad v. Johnson
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia, This was an action of debt, commenced May 29th 1866, by John G. Johnson against the Philadelphia and Baltimore Central Railroad Company.
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Error to the District Court of Philadelphia, This was an action of debt, commenced May 29th 1866, by John G. Johnson against the Philadelphia and Baltimore Central Railroad Company. The cause of action was on six bonds of defendants, amounting together to $1400, dated February 15th 1859, to Ezra Bowen and George S. Fox, or bearer, payable at the office of the company in Philadelphia, January 1st 1879, and interest at the rate of 7 per cent, per annum, payable semi-annually on presentation of the proper coupon annexed to the bonds ; being part of a series of similar bonds, secured by a…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
No misconception can be more complete than that which proposes our ruling in Ashurst v. Montour Iron Company, 11 Casey 30, and in Bradley v. The Chester Yalley Railroad Company, 12 Casey 154, as a defence to the present action. These were bills in equity, the first by the trustees in a corporation mortgage, asking us to decree a sale of the mortgaged premises which they had power to make without our decree ; the other, a suit by bondholders to compel the trustees to sell the premises for non-payment of interest on the bonds. We declined…
2Cited by8 opinions
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- Fleming v. Fairmont & Mannington RailroadWest Virginia Supreme Court · 1913
- Western Pennsylvania Hospital v. Mercantile Library Hall Co.Supreme Court of Pennsylvania · 1899
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