Philadelphia & Reading Railroad v. Fidelity Insurance, Trust & Safe Deposit Co.
Supreme Court of Pennsylvania
1. Error to the Court of Common Pleas No. 2, oí Philadelphia county: Of July Term, 1883, No. 145. 2. Error to the Court of Common Pleas No. 1, of Philadelphia county: Of July Term, 1883, No. 141. These two eases were argued and decided together in this court.
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1. Error to the Court of Common Pleas No. 2, oí Philadelphia county: Of July Term, 1883, No. 145. 2. Error to the Court of Common Pleas No. 1, of Philadelphia county: Of July Term, 1883, No. 141. These two eases were argued and decided together in this court. The first was an action of debt, by the Fidelity Insurance, Trust and Safe Deposit Company against the Philadelphia and Reading Railroad Company, upon 124 separate coupons or interest warrants, which had been originally attached to bonds of the defendant company. The plaintiff filed copies of said instruments, which were in the following…
1Opinion of the CourtChief Justice Mercur
*222These cases were argued together. The suits were on certain coupons or interest warrants, originally attached to bonds executed by the respective plaintiffs in error.
Two objections only to a recovery, were made in the affidavit of defence. One was the not filing a copy of the bonds to which the coupons had originally been attached, and the averment that no action could be maintained on the coupons as separate and distinct instruments. The other was that the coupons were not such instruments of writing as to require an affidavit of defence. The contention is therefore restricted to these…
2Cited by2 opinions
- Philad. & R. R. v. KnightSupreme Court of Pennsylvania · 1889
- Rea v. Pennsylvania Canal Co.Supreme Court of Pennsylvania · 1915