5 D.C. 518 (C.C.D.C. 1838), 901, Bank of Metropolis v. Moore
Docket Nº: | 901[1] |
Citation: | 5 D.C. 518, 2 F.Cas. 679 |
Opinion Judge: | (CRANCH, Circuit Judge, contra) |
Party Name: | BANK OF THE METROPOLIS v. MOORE. |
Attorney: | Mr. Coxe, for the plaintiffs, Brent & Brent, for the defendant, Mr. Coxe, contra. |
Judge Panel: | THRUSTON, Circuit Judge MORSELL, Circuit Judge CRANCH, Circuit Judge CRANCH, Circuit Judge, contra CRANCH, Circuit Judge, dissented |
Page 518
At law. Action upon a promissory note by the Bank of the Metropolis against Thomas P. Moore. Judgment for plaintiff. This was subsequently affirmed by the supreme court in Moore v. Bank of the Metropolis, 13 Pet. (38 U. S.) 302.
Assumpsit upon the following promissory note: ‘ $5,000. Washington, 16th February, 1837. Sixth days after date, we jointly and severally promise to pay the president and directors of the bank of the Metropolis, or order, at the said bank, five thousand dollars, for value received. Richard M. Johnson, Thomas P. Moore, P. H. Pope, by their attorney, George Thomas.’ The first count of the declaration states, that on the 16th of February, 1837, the defendant and one Richard M. Johnson, and one P. H.Pope, by George Thomas, their attorney, at Washington county, made their note, & c., and thereby, sixty days after the date thereof, jointly and severally promised to pay, & c. The second count avers, that the defendant, on the 16th of February, 1837, by George Thomas, his attorney, at the county aforesaid, made his certain note, & c., and thereby, sixty days after the date thereof, promised to pay, & c.. To these were added the common money counts, one of which was for money had and received to the plaintiff's use. The cause came to trial upon the general issue.
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