Patriotic Bank v. Coote
U.S. Circuit Court for the District of District of Columbia
Assumpsit, for overdraft by defendants, $150. The plaintiffs having released Mr. Coote, one of the defendants, from all actions and demands, except jointly with the other defendant, Mr. Jones offered him as a witness. cited Consequa v. Willing, 1 Pet. [26 U. S.) 305; Wise v. Bowen [Case No. 17,905], in replevin in this court, in 1821, where Bowen, the defendant, was examined as a witness; Gaither v. Farmers’ & Mechanics’ Bank of Georgetown, in this court, in December, 1S24…
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Assumpsit, for overdraft by defendants, $150. The plaintiffs having released Mr. Coote, one of the defendants, from all actions and demands, except jointly with the other defendant, Mr. Jones offered him as a witness. cited Consequa v. Willing, 1 Pet. [26 U. S.) 305; Wise v. Bowen [Case No. 17,905], in replevin in this court, in 1821, where Bowen, the defendant, was examined as a witness; Gaither v. Farmers’ & Mechanics’ Bank of Georgetown, in this court, in December, 1S24 (not reported), where Nicholls, a stockholder in the bank, was examined as a witness. referred to the case of Warner v.…
1Opinion of the Court
And THE COURT also (nem. con.) instructed the jury, at the prayer of the plaintiffs’ counsel, as follows: — “But if the jury should believe, from the evidence, that the said $309 were drawn by* the check of C. T. Coote, by him, from the partnership funds in the Patriotic Bank, with the view of transferring so much of the partnership funds from that bank to the United States Bank, and that he did thereby so transfer the same, and deposit the same, to the credit of the firm, in the said United States Bank, then the defendants are chargeable with the amount of said cheek.”
Verdict for plaintiffs,…
2Cited by5 opinions
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