Muldon v. Whitlock
New York Supreme Court
Assumpsit, for stores, furnished by the plaintiffs, for the J ± ship Cadmus, whereof, it was admitted, the defendants, Frederick Jenkins and Matthew Jenkins, (trading under the firm . ’ x ° of Frederick Jenkins Son) and the other defendants, Wm. Whitlock, jun. and Frederick William Jenkins, (trading un(for the firm of Whitlock <£• Jenkins) were owners.
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Assumpsit, for stores, furnished by the plaintiffs, for the J ± ship Cadmus, whereof, it was admitted, the defendants, Frederick Jenkins and Matthew Jenkins, (trading under the firm . ’ x ° of Frederick Jenkins Son) and the other defendants, Wm. Whitlock, jun. and Frederick William Jenkins, (trading un(for the firm of Whitlock <£• Jenkins) were owners. The cause was tried before his honour the late Chief Justice gpencer at the sittings in New-Yorh, on the Í5ih June, 1821. John A. Seaman, a witness for the plaintiffs, testified, that he was a clerk to the plaintiffs, in Nov. 1818; that the…
1Opinion of the CourtWoodworth, J.
The goods were ordered by Frederick Jenkins & Son, the ship’s husbands, and delivered on the 20th November, 1818, at a credit of 4 months. They were charged, at the time, in the plaintiffs’ books, to the ship Cadmus, for account of Frederick Jenkins & Son, and Whitlock & Jenkins. Two bills, of the goods in question, were afterwards rendered by the plaintiffs, to Frederick Jenkins & Son, headed as follows: “ Novr. 20, 1818. Ship Cadmus, acc. of Messrs. Frederick Jenkins & Son, to Muldon & Montgomery, Dr”
The original credit was expressly given to all the defendants, as appears by the original…
2Cases cited5 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- Johnson v. WeedNew York Supreme Court · 1812
- Schemerhorn v. LoinesNew York Supreme Court · 1810
- Arnold v. CampNew York Supreme Court · 1815
- Cheever v. SmithNew York Supreme Court · 1818
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- Otto v. Halff & Bro.Texas Supreme Court · 1896
- Comptoir D'Escompte De Paris v. DresbachCalifornia Supreme Court · 1888
- McMurray v. TaylorSupreme Court of Missouri · 1860
- The ChusanU.S. Circuit Court for the District of Massachusetts · 1843
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