Bunting's Adm'Rs v. Camden & Atlantic Railroad Co.

• Decision Date: 13 March 1876
• Citation: Bunting's Adm'Rs v. Camden & Atlantic Railroad Co., 81 Pa. 254 (Pa. 1876)
• Parties: Bunting's Administrators <I>versus</I> Camden and Atlantic Railroad Company.
• Court: Pennsylvania Supreme Court

81 Pa. 254

Bunting's AdministratorsversusCamden and Atlantic Railroad Company.

Supreme Court of Pennsylvania.

February 28, 1876.

March 13, 1876.

February 28th 1876.

Before SHARSWOOD, MERCUR, GORDON, PAXSON and WOODWARD, JJ.

Error to the District Court of Philadelphia: Of January Term 1875, No. 85P. F. Rothermel, for plaintiff in error, cited Carr v. LeFevre, 3 Casey 413;Phila. & Sun. Railroad Co. v. Lewis, 9 Id. 33;Commonwealth v. Perkins, 7 Wright 400;Beaver County v. Armstrong, 8 Id. 63;Brainard v. N. Y. & Harlem RailroadCo., 25 New York 496.

S. Dickson and J. C. Bullitt, for defendants in error, cited Lebanon Bank v. Mangan, 4 Casey 452;The Loudon Fund Society v. Hagerstown Saving Bank, 12 Id. 498; Overton v. Tyler, 3 Barr 346; Raymond v. Middleton, 5 Casey 529.

Judgment was entered in the Supreme Court, March 13th 1876, PER 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 May28th 1715: 1 Sm.Laws 40; and it is conceded that it might have been assigned in equity by a parol delivery, but then the action must be in the name of the obligee: Licey v. Licey, 7 Barr 251.It has been held, indeed, that the bonds of a corporation, payable to bearer, are assignable by delivery, and may be sued in the name of the holder: Carr v.Le Fevre, 3 Casey 413."Such bonds," says Chief Justice LEWIS, "are...