Depeau v. Waddington
Supreme Court of Pennsylvania
Error to the District Court for the City and County of Philadelphia. Assumpsit by Charles Waddington, Robert S. Robb and David Ogden, partners, under the firm of Ogden, Waddington & Co., against Francis A. Depeau, upon a promissory note, dated New York, January 5th, 1836, made by the defendant in favour of Robinson & Smith, and endorsed by them, at four months, for $983 20, On the trial, before Pettit, (Pres’t) on the 31st of October, 1839, the plaintiffs gave in evidence…
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Error to the District Court for the City and County of Philadelphia. Assumpsit by Charles Waddington, Robert S. Robb and David Ogden, partners, under the firm of Ogden, Waddington & Co., against Francis A. Depeau, upon a promissory note, dated New York, January 5th, 1836, made by the defendant in favour of Robinson & Smith, and endorsed by them, at four months, for $983 20, On the trial, before Pettit, (Pres’t) on the 31st of October, 1839, the plaintiffs gave in evidence the note and a protest thereof. The defendants then gave in evidence the depositions of J. W, Waring and Sylvester…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
This was an action of assumpsit on a promissory note, drawn by the defendant, Depeau, in favour of Robinson & Smith, or order, and by them endorsed to the plaintiff. The plaintiffs 'lent Robinson & Smith fifteen hundred dollars on a note; and as a collateral security, the latter firm placed in the hands of the former a bond for twenty-three or twenty-four hundred dollars, of a certain Edward Miller to Thomas S. Smith, one of the partners of Robinson & Smith. Sometime after, Robinson called on the plaintiffs, and stated that he wanted to take…
2Cases cited2 opinions
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