Whelen v. Watmough
Supreme Court of Pennsylvania
This was an action of account render brought by Israel Whelen against John G. Watmough and Israel Downing; It was tried in November last at Nisi Prius, before Duncan, J., and a verdict rendered in favour of the defendants. The case now came before the court on a motion made by the plaintiff for a new trial.
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This was an action of account render brought by Israel Whelen against John G. Watmough and Israel Downing; It was tried in November last at Nisi Prius, before Duncan, J., and a verdict rendered in favour of the defendants. The case now came before the court on a motion made by the plaintiff for a new trial. The declaration charged in the first count, that John G. Watmough and Isaac Downing, merchants trading under the firm of Watmough and Downing, late'of Philadelphia county, from the 24th day of May, in the year of our Lord 1818, to the 1st day of January, in the year of our Lord 1821, were…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
When the objection was first made, that there could not he a verdict and judgment for the plaintiff quod compxitent,. unless the jury found a joint liability of the defendants to Tender an account, I was impressed with the opinion that it was unanswerable. It seemed to me that it would be unsettling first foundations, to say that one man should be answerable for another, where there was no express contract, and where, from the nature of the consideration, there could be none implied. I did not then believe it to be the law, and so I…
2Cases cited1 opinion
- Rogers v. OldSupreme Court of Pennsylvania · 1819
3Cited by2 opinions
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- McMurray v. RawsonNew York Supreme Court · 1842