Bratten v. Catawissa Railroad
Supreme Court of Pennsylvania
Appeal, No. 175, Jan. T., 1904, by plaintiff', from judgment of C. P. No. 3, Pbila. Co., Dec. T., 1901, No. 3698, on verdict for defendant in case of James H. Bratten v. Catawissa Railroad Company. Assumpsit for breach of contract. Before Finletter, P. J. The facts appear by the opinioj: of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 175, Jan. T., 1904, by plaintiff', from judgment of C. P. No. 3, Pbila. Co., Dec. T., 1901, No. 3698, on verdict for defendant in case of James H. Bratten v. Catawissa Railroad Company. Assumpsit for breach of contract. Before Finletter, P. J. The facts appear by the opinioj: of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Mb. Justice Dean,
The question is as to the interpretation of the obligation of a bond secured by mortgage, delivered by defendant to M. P. Hutchinson, June 15, 1871, and the ownership of which by regular assignment and transfer had passed to Bratten, this plaintiff. The bond is dated October 1, 1870, as the day of issue, is in the sum of $500 and one of four bonds of a like sum issued at the same time to the same payee and of which plaintiff became the owner. Each bond, after providing for semiannual payment of interest at seven per cent, contains this stipulation:
“ That the holder…
2Cases cited2 opinions
- Dixon-Woods Co. v. Phillips Glass Co.Supreme Court of Pennsylvania · 1895
- Ellis v. LaneSupreme Court of Pennsylvania · 1877
3Cited by2 opinions
- Helvering v. Southwest Consolidated Corp.Supreme Court of the United States · 1942
- P. W. Brooks & Co. v. North Carolina Public Service Co.District Court, M.D. North Carolina · 1929