Clay v. Cottrell
Supreme Court of Pennsylvania
Error to the Common Pleas of Mifflin county. This was an action of debt in the name of John Clay, for the use of John S. Pollard, v. John F. Cottrell, on a note as follows: $4000. Gettysburg, October, 20, 1888. On demand we promise to pay to John Clay or order, four thousand dollars, without defalcation, for value received. (Signed,) Caldwell & Cottrell. August 26, 1840, $2322.63, were paid on account.
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Error to the Common Pleas of Mifflin county. This was an action of debt in the name of John Clay, for the use of John S. Pollard, v. John F. Cottrell, on a note as follows: $4000. Gettysburg, October, 20, 1888. On demand we promise to pay to John Clay or order, four thousand dollars, without defalcation, for value received. (Signed,) Caldwell & Cottrell. August 26, 1840, $2322.63, were paid on account. There was an agreement endorsed, by which Clay agreed to make no demand for the balance of the note for a year from the date thereof, viz., August 26, 1840, and a memorandum signed by Oaldwell,…
1Opinion of the Court
The opinion of the Court was delivered, by
Woodward, J.
That Clay lent the money to Caldwell, not for the purposes of the firm of Caldwell & Cottrell, but for Caldwell’s own personal use, was a fact fully proved on the trial, and found by the verdict of the jury. A consequence of this fact is, that the use of the firm name in the note was a fraud on Cottrell, and imposed no liability whatever on him: Baird & Cochran v. Dowling, 4 Ser. & R. 398; Noble v. McClintock, 2 W. Sp Ser. 155; Heller v. Brights, 4 Harris 399; Evergheim v. Ensworth, 7 Wend. 326; Rogers v. Batcheler, 12 Peters 230.
But it…
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- J. D. Evernghim v. R. & A. EnsworthNew York Supreme Court · 1831
- Jackson v. Mancius & Van-DerheydenNew York Supreme Court · 1829
- Graeff v. HitchmanSupreme Court of Pennsylvania · 1836
- Onondaga County Bank v. De PuyNew York Supreme Court · 1837
3Cited by1 opinion
- Peale v. AddicksSupreme Court of Pennsylvania · 1896