Page:United States Reports, Volume 1.djvu/249

 

1788.

COMMON PLEAS, Philadelphia

County:

March Term, 1788.

N appeal being entered from the judgment of Iʃaac Howell, Eʃquire, one of the Juftices of the city of Philadelphia,&c. on the trial of the caufe, it appeared, that the Defendant went to the ftore of the Plaintiffs, and bought fome articles, for which he afterwards paid ; that, at the fame time, he carried with him one Hawks,  a joiner, who complained that he was frequently diftreffed in his trade, for want of a fmall credit ; whereupon the Defendant told the Plaintiffs, that he did not think they would fuffer by trufting him for two or three dollars, as he was an induftruous and honeft man, and that he (the Defendant)  would fee the money paid : that the Plaintiffs accordingly delivered to Hawks fundry articles at different times proper for his trade, as a carpenter and joiner, amounting to Ł 5 and upwards ; that at the diftance of 9 months, having enquired after Hawks and found he had eloped, they fent an account for thofe articles to the Defendant, who was charged in their Shop book (which Poultney, one oƒ the Plaintiƒƒ's proved to be their book oƒ original entries) as the abʃolute purchaʃer ;  and that before the Jufice, from whole judgment the appeal was made, the Defendant, though he infifted that all the articles were not or his ufe, acknowledged the receipt of ʃome of them.

Upon thefe facts the queftion arofe, whether the entry in the Plaintiff's fhop book, attefted by one of them, upon folemn affirmation, was fufficient, in this cafe, to charge the Defendant? And the Preʃident delivered the following charge to the Jury. SHIPPEN,