Phila. Trust Co. v. Phila. & Erie R. R.

Citations

• 160 Pa. 590
• 28 A. 960
• 1894 Pa. LEXIS 851

Syllabus

<p>Ownership of railroad bonds — Evidence—Delivery—Sealing in envel- — Dectorafebras against interest — Question for jury.</p> <p>In an action by an executor against a railroad company to recover the principal and interest of twenty-four bonds, there was evidence that the bonds were found in a desk in testator’s room, in a sealed and stamped envelope addressed to the railroad company in a handwriting other than testator’s; that all of testator’s other securities were kept with a trust company; that the bonds were fourteen years overdue at the time of testator’s death, and only the first coupon had been removed; that the bonds ran for twenty years, and all others of this issue had been paid at maturity; that, shortly after the original issue of the bonds, the railroad company being in need of money, authorized the bonds to be pledged for the payment of the personal notes of the directors (of whom testator was one) made for the use of the company; that twenty-four bonds had been pledged to a bank to secure testator’s notes; that these notes had been paid by the company, and testator had secured the bonds from the bank. There was no evidence that the bonds were the same as the ones found in testator’s desk. Held, that there was sufficient evidence from which a jury might infer that the bonds were the property of the company, and that it was error to withdraw the case from the jury.</p> <p>In the above case the sealing of the bonds in an envelope addressed to defendant company was a declaration against testator’s interest as to the ownership of the bonds, and indicative of an intention to deliver them to the rightful owner.</p> <p>Evidence — Inferences of fact.</p> <p>Inferences of fact are derived wholly and directly from the circumstances of the particular case, by means of the common experience of mankind without the aid or control of any rules of law whatever, and such inferences are to be drawn by the jury, and not by the court.</p> <p>Coupons attached to bond — St