Cook v. Moffat/Opinion of the Court

THIS case was brought up, by writ of error, from the Circuit Court of the United States for the District of Maryland.

Cook was a citizen of Maryland, and Moffat and Curtis were citizens of New York.

It was an action brought, in July, 1835, by Moffat and Curtis against Cook, upon the common money counts. Cook confessed judgment, subject to the opinion of the court upon the following case stated, namely:--

In Circuit Court of the United States, Fourth Circuit, District of Maryland.

John L. Moffat and Joseph Curtis, surviving partners of Jonathan Wilmarth, v. William G. Cook.

Statement of Facts. John L. Moffat, Joseph Curtis, and Jonathan Wilmarth (the last of whom is now deceased) were citizens of the State of New York and resident there, and partners trading under the name and firm of Wilmarth, Moffat, & Curtis, and the defendant was a citizen and resident of Maryland during the times when the contracts and transactions upon which this suit is founded, or which constitutes the causes of this action, were entered into and had and made between the said firm and said Cook.

That the course of dealing was, that Cook, the defendant, used to write to said firm, ordering such articles or goods as he wanted, and they, said firm, sent them to him, and charged the goods in their books. In order to settle the account current from time to time, Cook sent to the said firm (usually by mail, sometimes, perhaps, otherwise) his note at six months, and these notes averaged $500 per month, and were punctually paid, for a time, in Baltimore. Cook at length became embarrassed, and wanted extensions, until he stopped payment entirely; being then indebted to said firm, on book account, $2,104

And owing 1 note, due 4th April, 1832, for 500

And owing 1 note, due 14th May, 1832, for 500

And owing 1 note, (do not know exactly when due), 416

And owing 1 note, due 2d June, 1832, for 500

And owing 1 note, due 30th June, 1832, for 500

And owing 1 note, due 1st July, 1832, for 800

And owing 1 note, due 13th August,1832, for 500

And owing 1 note, due 24th September, 1932, for 500

The above notes were remitted by Mr. Cook to said firm previously to March, 1832, when he stopped payment. On the 7th June following, his New York creditors generally agreed to give him time to pay, and the said firm of Wilmarth, Moffat, & Curtis, about that time, by arrangement made with Mr. Disosway, Cook's attorney in New York, gave time, and took Cook's three notes, drawn payable to the said firm, for the sums following, all dated 12th May, 1832, as the respective time as follows, viz.:--

One, 12 months after date, for........... $2,107

One, 15 months after date, for........... $2,107

One, 18 months after date, for........... $2,107