Cheongwo v. Jones
U.S. Circuit Court for the District of Eastern Pennsylvania
The declaration contained three counts: 1, On a promissory note, subscribed by the defendant [William Jones], dated 26th November, 1S05. at Canton, by which he promised to pay the plaintiff, by the name of Mr. Cheongwo, 9,102 dollars, for value received, in teas, twenty months after date; and if not paid at maturity, to pay at the rate of one per cent, per month interest, until paid: 2, goods sold and delivered: 3, an account stated.
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The declaration contained three counts: 1, On a promissory note, subscribed by the defendant [William Jones], dated 26th November, 1S05. at Canton, by which he promised to pay the plaintiff, by the name of Mr. Cheongwo, 9,102 dollars, for value received, in teas, twenty months after date; and if not paid at maturity, to pay at the rate of one per cent, per month interest, until paid: 2, goods sold and delivered: 3, an account stated. The defendant pleaded non assump-sit and payment, with leave to give in evidence, the following special matters: 1st. Failure of consideration; the goods for…
1Opinion of the Court
WASHINGTON, Circuit Justice (charging jury).
This is an action on a note of hand given at Canton, the signature of which is acknowledged by the defendant. But his counsel place his defence upon the two following grounds: 1st. That the consideration for which the note was given, was 800 quarter chests of tea, designated and marked, lying in the plaintiff's warehouse, which the plaintiff undertook to deliver on board of the Eugenia. That these chests were not delivered; but a different parcel of teas, not purchased by the defendant, were substituted, and put on board' of the vessel. 2d. That if…
2Cited by2 opinions
- Howland v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1896
- McCullough v. LewisOhio Superior Court, Cincinnati · 1857