Legal Opinion

Mason v. Frick

Supreme Court of Pennsylvania

Decided January 24, 1884PublishedCited by 9 opinions

Error to the Court of Common Pleas No. 1, of Philadelphia county: Of July Term, 1888, No. 195. Allison Z. Mason, trustee of the estate of Calvin Learned, deceased, issued a summons in “detinue and debt” against Aaron K. Frick, and filed the following narr.: “ For that the plaintiff is the owner of a certain first mortgage coupon bond for one thousand dollars of the Denver City Water Company, numbered eighty (80), with the coupons thereto belonging, and was such owner on the…

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Error to the Court of Common Pleas No. 1, of Philadelphia county: Of July Term, 1888, No. 195. Allison Z. Mason, trustee of the estate of Calvin Learned, deceased, issued a summons in “detinue and debt” against Aaron K. Frick, and filed the following narr.: “ For that the plaintiff is the owner of a certain first mortgage coupon bond for one thousand dollars of the Denver City Water Company, numbered eighty (80), with the coupons thereto belonging, and was such owner on the fifteenth day of July, A. i). 1882 ; that heretofore, to wit, on July 15th, 1882, plaintiff lost said bond and the…

1Opinion of the CourtChief Justice Mercur

The plaintiff declared in detinue and debt to recover a bond, or its value, in the possession of the defendant, which had been stolen from the plaintiff.

The uncontradicted evidence was that the defendant obtained the bond in good faith, and paid a valuable consideration therefor. These facts were well established.

The main contention was whether the bond was so far of a negotiable character as to pass a valid title thereto to the defendant. This question of law was reserved by the Court, and judgment afterwards entered thereon in favor of the defendant.

The instrument was a “ Denver City Water…

2Cases cited5 opinions

  1. Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
  2. White v. Vermont & Massachusetts RailroadSupreme Court of the United States · 1859
  3. Frevall v. FitchSupreme Court of Pennsylvania · 1840
  4. Hopkins v. RailroadSupreme Court of Pennsylvania · 1842
  5. Johnson's Administrator v. KellyOhio Supreme Court · 1883

3Cited by9 opinions

  1. Cochran v. Fox Chase BankSupreme Court of Pennsylvania · 1904
  2. Dengler v. PaulSuperior Court of Pennsylvania · 1923
  3. Fulton National Bank v. City of LancasterSuperior Court of Pennsylvania · 1933
  4. Stevens v. Phila. Ball-Club, Pennsylvania Court of Common Pleas, Philadelphia County1891
  5. Mershon v. Millerstown BoroughSuperior Court of Pennsylvania · 1937

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