Stegmaier v. Keystone Coal Co.

Citations

• 225 Pa. 221
• 74 A. 58
• 1909 Pa. LEXIS 639

Syllabus

<p>Practice, C. P. — Pleading—Allegata and probata — Statement of claim —Evidence.</p> <p>1. The allegata from which the proofs must not materially vary, and with which they must be consistent, are those averments of fact contained in the plaintiff's statement of his cause of action which, if substantiated, would entitle him to recover. If the statement contain other allegations of fact not essential to the cause of action sued upon, the plaintiff is not bound to prove them, and failure to do so will not constitute a fatal variance which will preclude recovery if the essential averments have been duly established.</p> <p>Bonds — Negotiable instruments — Bailment—Pledge.</p> <p>2. Bonds of a corporation made payable to bearer are negotiable instruments, and a person who holds them as a pledge for an ovez-due debt has a right to sue upon them. He is not required as in the case of the pledge of ordinary chattels, to sell them and apply the proceeds to the payment of the debt, but he has the right to sue upon them and apply as much of the net proceeds collected as may be needed to pay the debt they were to secure. In such a suit the court will not consider whether the plaintiff is entitled to the whole amount of the bonds. If he is not, he will have to account as trustee for the excess to the proper owner in another proceeding</p>