Legal Opinion

McBroom & Wood's Appeal

Supreme Court of Pennsylvania

Decided November 6, 1862PublishedCited by 1 opinion

Appeal from the District Court of Allegheny county. This was an appeal by McBroom The case was this: — On the 12th day of May 1855, John McBroom and Hugh Wood made a contract with David Mitchell, Esq., engineer of the Pittsburgh and Steubenville Railroad, to finish a certain heading or drifting in the tunnel on section No. 3 of said road, which had been commenced under a contract with William S. Skeen, a contractor on said road, in March 1853; the said railroad company…

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Appeal from the District Court of Allegheny county. This was an appeal by McBroom The case was this: — On the 12th day of May 1855, John McBroom and Hugh Wood made a contract with David Mitchell, Esq., engineer of the Pittsburgh and Steubenville Railroad, to finish a certain heading or drifting in the tunnel on section No. 3 of said road, which had been commenced under a contract with William S. Skeen, a contractor on said road, in March 1853; the said railroad company agreeing to pay them for the work already done in said tunnel amounting to $5000, and also to pay them for completing said…

1Opinion of the Court

The opinion of the court was delivered, by

Read, J.

On the 3d November 1855, the Pittsburgh and Steubenville Railroad Company assigned to James S. Craft, as an indemnity against loss by reason of his endorsement or guaranties made or to be made on account of the company, the unpaid instalments or balances due on subscriptions to the capital stock of the company. This is clearly not an assignment in trust for any one, and is not therefore required to be recorded within thirty days after its execution in the office of the recorder of deeds of the proper county; nor of course is the assignee bound…

2Cited by1 opinion

  1. Fidelity Ins., T. & S. D. Co. v. West. Penn. & S. C. R.Supreme Court of Pennsylvania · 1888

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