City of Scranton v. Hyde Park Gas, Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lackawanna county: Of January Term 1883, No. 210. Debt by the Hyde Park Gas Company to the use of the Lackawanna Valley Bank, against the city of Scranton upon a city warrant, of which the following copy and averment was filed:— No.. 2,579. Scranton, Pa., Dec. 29, 1877. Treasurer of the City of Scranton: Pay to the order of Hyde Park Gas Company six hundred and twelve dollars, for account of gas and water appropriation. $612. (Signed)…
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Error to the Court of Common Pleas of Lackawanna county: Of January Term 1883, No. 210. Debt by the Hyde Park Gas Company to the use of the Lackawanna Valley Bank, against the city of Scranton upon a city warrant, of which the following copy and averment was filed:— No.. 2,579. Scranton, Pa., Dec. 29, 1877. Treasurer of the City of Scranton: Pay to the order of Hyde Park Gas Company six hundred and twelve dollars, for account of gas and water appropriation. $612. (Signed) Robert H. MoKune, Mayor. (Countersigned) Chas. Du Pont Breck, City Controller. Said warrant on the back is “ January 4…
1Opinion of the CourtChief Justice Mercur
The specifications of error present two questions. One, whether an action can be maintained on this warrant, the other, is interest demandable thereon.
The right to maintain suit or recover interest on township, county, borough and school orders has been denied in some cases: Dyer v. Covington Township, 7 Harris 200; Allison v. Juniata County, 14 Wright 351; First Nat. Bank v. Rush School District, 2 W. N. C. 471; Boro’ of Port Royal v. Graham, 4 Id. 352.
Do these authorities or the reasons on which they rest apply to the present case'(
1. This suit is in the name of the party to whose order it…
2Cited by4 opinions
- Fischbach & Moore, Inc. v. Philadelphia National BankSuperior Court of Pennsylvania · 1938
- O'Brien v. RadfordSuperior Court of Pennsylvania · 1933
- Jafolla & Mark, Inc. v. PhiladelphiaSupreme Court of Pennsylvania · 1937
- Coleman v. Borough of New KensingtonU.S. Circuit Court for the District of Western Pennsylvania · 1905