Wadsworth v. Allen
Supreme Court of Virginia
This was an action brought in the Circuit court of Cumberland county by John E. Wadsworth, Daniel B. Turner and George S. Palmer, surviving partners of themselves and Orren Williams, late merchants and partners doing business under the name of Wadsworth, Williams and Co. against Charles B. Allen and William Phaup. The declaration counted on the following letter of credit: Raines’ Tavern, October 27th, 1840. Messrs. Wadsworth ip Williams, Richmond.
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This was an action brought in the Circuit court of Cumberland county by John E. Wadsworth, Daniel B. Turner and George S. Palmer, surviving partners of themselves and Orren Williams, late merchants and partners doing business under the name of Wadsworth, Williams and Co. against Charles B. Allen and William Phaup. The declaration counted on the following letter of credit: Raines’ Tavern, October 27th, 1840. Messrs. Wadsworth ip Williams, Richmond. Gentlemen, Please to deliver to Mr. Daniel Totty, or to his order, merchandise to an amount not exceed- , ing in value, in the whole, five hundred…
1Opinion of the CourtAllen, J.
It seems to the Court here that although the guaranty offered in evidence by the plaintiffs in error was addressed to Wadsworth & Williams, and not to the plaintiffs in error, Wadsworth, Williams &. Co., yet it was competent for the plaintiffs in error to prove that at the time the same was so addressed to Wadsworth <fc Williams, they were partners in the firm of Wadsworth, Williams & Co.; and were not engaged in the mercantile business on their own account, or in connection with any other mercantile firm in the city of Richmond ; and that said letter of guaranty being presented to the…
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