Bunting's Administrators v. Camden & Atlantic Railroad
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia : Of January Term 1875, No. 85. This was an action of covenant, brought August 6th 1873, by Ross Bunting and Michael Blynn, administrators, &c., of Thomas C. Bunting, deceased, against the Camden and Atlantic Railroad Company. The suit was on the hereafter-mentioned bond, which was held by the decedent without assignment from the obligee.
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Error to the District Court of Philadelphia : Of January Term 1875, No. 85. This was an action of covenant, brought August 6th 1873, by Ross Bunting and Michael Blynn, administrators, &c., of Thomas C. Bunting, deceased, against the Camden and Atlantic Railroad Company. The suit was on the hereafter-mentioned bond, which was held by the decedent without assignment from the obligee. The bond is as follows :— “ The Camden and Atlantic Railroad Company, incorporated by an Act of the Legislature of the State of New Jersey, acknowledge themselves indebted to William W. Flemming in the sum of six…
1Opinion of the Court
Judgment was entered in the Supreme Court,
2Per curiam
— This was an action by the plaintiff on a bond under the corporate seal of the defendant, payable to William W. Flemming or assigns. The bond was neither endorsed nor assigned in writing by Flemming, the obligee, and the only question which arises on this record is, whether this action can be maintained in the name of the plaintiffs.
No doubt this bond was assignable at law, so as to authorize the assignee to sue in his own name, under the provisions of the Act of May 28th 1715: 1 Sm. Laws 40; and it is conceded that it *256might have been assigned in…
3Cited by2 opinions
- Corbe v. BurkertSuperior Court of Pennsylvania · 1910
- Lozier v. Admy, Pennsylvania Court of Common Pleas, Dauphin County1924