Colcord v. Wall
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was an action brought by capias ad respondendum to December term, 1840, No. 35, in which Enoch L. Colcord was the plaintiff, and G. D. Wall was the defendant. Nov. 7, 1340, the plaintiff filed a copy of the note on which suit was brought, as follows, viz.: “ $1050 “ Washington, January 1, 1840. “ Four months after date I promise to pay to Gamaliel Gay or order one thousand and fifty dollars, without defalcation, for value received.
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THIS was an action brought by capias ad respondendum to December term, 1840, No. 35, in which Enoch L. Colcord was the plaintiff, and G. D. Wall was the defendant. Nov. 7, 1340, the plaintiff filed a copy of the note on which suit was brought, as follows, viz.: “ $1050 “ Washington, January 1, 1840. “ Four months after date I promise to pay to Gamaliel Gay or order one thousand and fifty dollars, without defalcation, for value received. (Signed) Garket D. Wall.” - December 7, 1840, the defendant presented his petition under the 12th section of the act of Congress of 1789, praying for a…
1Opinion of the Court
The opinion of the court was delivered by
Stroud, J.—
It appears by the petition of the defendant, that the cause of action is a promissory note, of which he was the maker, and a certain Gamaliel Gay the payee. The plaintiff therefore, if entitled to sue in his own name, as he has done, must be an endorsee, claiming through the endorsement of Gay. The petition avers that the plaintiff is a citizen of the State of Pennsylvania, and that the defendant is a citizen of the State of New Jersey. It makes no mention of the citizenship, or otherwise, of Gay. Now, the 11th section of the act of Congress…
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- Hobbs v. MagruderU.S. Circuit Court for the District of District of Columbia · 1834
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