Newport & Sherman Valley Railroad v. Seager
Superior Court of Pennsylvania
Appeal, No. 29, March T., 1898, by plaintiff, from judgment of C. P. Perry Co., J an. T., 1896, No. 23, for defendant non obstante veredicto. Orlady, J., dissents. Assumpsit. Before Lyons, P. J. The following facts appear from the record: Counsel for the plaintiff offers paper marked No. 1, April 16, 1897, J. P. C., it being admitted that the said paper is the subscription paper and that the same was signed by Wm. Seager, and the name Wm.
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Appeal, No. 29, March T., 1898, by plaintiff, from judgment of C. P. Perry Co., J an. T., 1896, No. 23, for defendant non obstante veredicto. Orlady, J., dissents. Assumpsit. Before Lyons, P. J. The following facts appear from the record: Counsel for the plaintiff offers paper marked No. 1, April 16, 1897, J. P. C., it being admitted that the said paper is the subscription paper and that the same was signed by Wm. Seager, and the name Wm. Seager as written upon this paper is the signature of Wm. Seager’s subscription for one bond of the first mortgage bonds of the Newport & Sherman Yalley…
1Opinion of the Court
Opinion by
Porter, J.,
By the plaintiff’s statement of claim and by the opinion filed by the court below, this action seems to have been originally instituted on the basis of a sale of the bond. It is clear that the paper writing signed by the defendant’s decedent will not support such a contention. No particular bond was set apart *272or purchased. No bond was issued or delivered. Under these circumstances, there can be no recovery as for the sale of a chattel.
Apparently the plaintiff has shifted his ground and here claims to be entitled to recover the subscription price of an unissued bond. He…
2Cases cited4 opinions
- Garrett v. Dillsburg & Mechanicsburg RailroadSupreme Court of Pennsylvania · 1875
- Sunbury & Erie Railroad v. CooperSupreme Court of Pennsylvania · 1859
- Strasburg Railroad v. EchternachtSupreme Court of Pennsylvania · 1853
- Bucher v. Dillsburg & Mechanicsburg RailroadSupreme Court of Pennsylvania · 1874
3Cited by2 opinions
- Busch v. Stromberg-Carlson Telephone Mfg. Co.Court of Appeals for the Eighth Circuit · 1914
- Carbon Spring Water Ice Co. v. HawkSuperior Court of Pennsylvania · 1905