1 Mart. (N.S.) 412 | La. | 1823
delivered the opinion of the court. In this case, (which is a suit by attachment,) the plaintiffs set forth in their petition, as a cause of action, the sale and delivery to the defendants, of certain goods, &c. in the city of Philadelphia, on the 2d. day of October, 1817, to the value of nine hundred forty nine dollars and fifty two cents, on a credit of six months.
The answer of the defendants contains a denial of the allegations made by the petitioners; also a plea of satisfaction, discharge or payment evidenced by a judgment obtained in the state of Ohio, against Dunseth, a partner of the firm of Dunseth & Buckner; the principal defendant in this case; rendered on a note of hand, given by said firm, to the plaintitfs for the same debt which is now sued for; on which judgment, execution issued, and was levied on the property of Dunseth.
Judgment was given, in the court below, for the plaintiffs, from which the defendants appealed. A bill of exceptions was taken to the admissibility of the record from the state of
Dunseth & Buckner, it appears, were partners in commerce, at the time they purchased the merchandize from the appellees, and executed their note for the price. They are, therefore, according to the lex mercatoria bound to the latter in solidum, whether their obligation be considered as arising out of the original contract of sale, or from their promissory note; and may be sued either jointly or severally.
The contract, which is the foundation of the present suit, being made in Pennsylvania, is subject to be governed by the laws of that state; and we have it evidenced that the common law of England prevails there as the basis of its jurisprudence. According to this law, parol and simple contracts in writing, in relation to evidence, are put on the same footing. And a note in writing, without a seal, being con
Our attachment laws distinguish several cases in which an attachment will lie; and amongst them is the situation of a person who resides permanently out of the teritory or state. This remedy given in such terms, cannot be destroyed, annulled, or suspended by an accidental and transient presence of a stranger.
We do not consider the judgment of the district court incorrect in any thing, except that part of it which relates to the account which the plaintiffs are held to give, of the disposal of the property seized in execution under the judgment vs Dunseth; but as we are not satisfied with it in this respect, It is ordered, adjudged, and decreed, that the judgment of the court below, be avoided, annulled and re
It is further ordered, adjudged and decreed, that the plaintiffs do recover from the defendant Buckner, the sum of nine hundred and forty nine dollars, and fifty two cents, with interest thereon, at the rate of six per cent, per ann. from the 2d. of April, 1818. until paid. But they shall not have the benefit of this judgment, until they produce to the court below, the note of hand which is set forth in the answer of the defendant and cancel the same, and the appellees shall pay the costs of this appeal.