Legal Opinion

Catholic University of America v. Waggaman

Court of Appeals for the D.C. Circuit

Decided January 5, 1909No. 1825PublishedCited by 5 opinions

Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, on a verdict for the defendant directed by the court, in an action on certain promissory notes. The Court in the opinion stated the facts as follows: This is an action in assumpsit brought by appellant, the Catholic University of America, a corporation, plaintiff below, against appellee, John F. Waggaman, the defendant, to recover the sum of $78,308.94, with interest.

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Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, on a verdict for the defendant directed by the court, in an action on certain promissory notes. The Court in the opinion stated the facts as follows: This is an action in assumpsit brought by appellant, the Catholic University of America, a corporation, plaintiff below, against appellee, John F. Waggaman, the defendant, to recover the sum of $78,308.94, with interest. On various dates between May 11, 1897, and December 3, 1900, the defendant gave to one Thomas E. Waggaman twenty-two…

1Opinion of the CourtJustice Van Orsdel

The appeal is based upon the following assignments of error:

“1. That the court below erred in refusing to allow witness Theodore Cocheu, Jr., expert accountant, who stated the account of Thomas-E. Waggaman, bankrupt, to testify that, in stating the accounts of said Waggaman, he discovered, in connection with the series of notes sued on, another note for $5,000 due by defendant to Thomas E. Waggaman.
“2. That the trial court erred in sustaining the motion of the defendant to instruct the jury to return a verdict for defendant and in so instructing the jury over plaintiff’s objection.”

The…

2Cases cited3 opinions

  1. United States v. RossSupreme Court of the United States · 1876
  2. Collins v. GilbertSupreme Court of the United States · 1877
  3. Manistee National Bank v. SeymourMichigan Supreme Court · 1887

3Cited by5 opinions

  1. Mr. Carl H. Alley v. Dodge HotelCourt of Appeals for the D.C. Circuit · 1977
  2. Taylor v. United Broadcasting Co.District of Columbia Court of Appeals · 1948
  3. Moore v. SniderCourt of Appeals for the D.C. Circuit · 1940
  4. Garrett v. JamisonDistrict of Columbia Court of Appeals · 1946
  5. Tendler v. L. E. Massey, Inc.District of Columbia Court of Appeals · 1943

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