Friend v. City of Pittsburgh
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 244 October Term 1889, Sup. Ct.; court below, No. 585 March Term 1888, C. P. No. 1. On February 11, 1888, John W. Friend brought assumpsit against the city of Pittsburgh upon a municipal bond issued by the defendant. The plea was non-assumpsit.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 244 October Term 1889, Sup. Ct.; court below, No. 585 March Term 1888, C. P. No. 1. On February 11, 1888, John W. Friend brought assumpsit against the city of Pittsburgh upon a municipal bond issued by the defendant. The plea was non-assumpsit. At the trial on May 8,1889, the plaintiff recovered a verdict for $3,431.34, which the court afterwards set aside, granting a new trial upon motion of the defendant. At the second trial on September 23, 1889, the following facts were shown: By the act of April 2,1869, P.…
1Opinion of the Court
*316Opinion,
Me. Chief Justice Paxson:
This suit was brought iu the court below against the city of Pittsburgh to recover the amount due on a bond given by said city, and payable by instalments. There was no dispute as to the amount of the bond, nor that the respective instalments were all due; the contention was over the question of interest on the respective instalments after their maturity.
It appeared upon the trial below that no demand had ever been made by the holder of the bond for payment, and that for a portion of the time, at least, the money had been provided for its payment, and was in…
2Cases cited8 opinions
- South Park Commissioners v. DunlevyIllinois Supreme Court · 1878
- Johnson v. County of StarkIllinois Supreme Court · 1860
- People v. County of TazewellIllinois Supreme Court · 1859
- Tone v. WilsonIllinois Supreme Court · 1876
- Dyer v. Covington TownshipSupreme Court of Pennsylvania · 1852
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3Cited by2 opinions
- Boyle's LunacySuperior Court of Pennsylvania · 1902
- King v. BrownSuperior Court of Pennsylvania · 1906