CUMMINGS v. LYNN
1 U.S. 444

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U.S. Supreme Court

CUMMINGS v. LYNN, 1 U.S. 444 (1789)

1 U.S. 444 (Dall.)

Cummings, Assignee
v.
Lynn

Supreme Court of Pennsylvania

September Term, 1789

This was an action of Covenant, and the circumstances under which it came before the Court, were these: The plaintiff filed a declaration in the following words;

    'Joseph Lynn, late of the county of Philadelphia, yeoman, was summoned to answer James Cummings, assignee of James Campbell, and Stephen Kingston, who were assignees of George Turner, or a plea that he hold with him the covenants and agreements of him the said Joseph with the said George made, according to the force, form, and effect of a certain deed thereof by him the said Joseph, with the said George made, &c. And thereupon the said James Cummings faith, that on the 6th day of February, in the year of our Lord, one thousand seven hundred and eighty-four, at the county aforesaid, a certain Nicholas Eveleigh, of the State of South- Carolina, by his certain obligation, or writing obligatory, sealed with his seal, and to the Court here shown, whose date is the day and year aforesaid, acknowledged himself to be held and firmly bound unto a certain Lewis Lestargette, in the sum of three hundred and sixty-four pounds, twelve shillings, sterling money, in gold or silver specie at the rate of four shillings and eight pence to the dollar, or one pound one shilling and nine pence to the guinea, to be paid to the said Lewis, his certain

    Page 1 U.S. 444, 445

    attorney, executors, administrators and assigns, when he should afterwards be thereto required. And the said James Cummings, in fact faith, that the same sum of money, or any part thereof, being in no wise paid or satisfied, a certain Joseph Parker, for whose use and benefit the obligation or writing obligatory aforesaid, was made as aforesaid, afterwards, to wit, on the twelfth day of May, in the year of our Lord, 1784, at the county aforesaid, by his certain deed of assignment on the obligation or writing obligatory aforesaid, under his hand and seal duly made and executed, before two credible witnesses, did assign, indorse and make over the obligaton or writing obligatory aforesaid, to the said Joseph Lynn, as by the same deed of assignment, to the Court here shown appears. And the said James Cummings further in fact saith that the said Joseph Lynn afterwards, to wit, on the 8th day of September, in the year last aforesaid, at the county aforesaid, the said sum of money, or any part thereo, being in no wise paid or satisfied, by his certain deed of assignment on the said writing obligatory under his hand and seal duly made and executed, before two credible witnesses, did assign, indorse, and make over the said obligation, or writing obligatory, to the said George Turner for value received of him. And the said James Cummings further in fact saith, that the said Joseph Lynn, in and by his said deed of assignment did covenant and agree to and with the said George Turner, and his assigns, that the sum of money aforesaid should be well and truly paid to the said George Turner, or his assigns, agreeably to the said obligation, or writing obligatory, as by the same deed of assignment to the Court here shown appears. And the said James Cummings further in fact saith, that the said George Turner afterwards, to wit, on the 18th day of November, in the year last aforesaid, at the county aforesaid, the said sum of money, being in no wise paid, or satisfied, did by his certain deed of assignment, on the said obligation or writing obligatory duly made and executed, under his hand and seal, before two credible witnesses, assign, indorse, and make over the said obligation or writing obligatory, to the said James Campbell, and Stephen Kingston, and their assigns, for value received of them, and by the same deed of assignment the said George did then and there covenant with the said James Campbell and Stephen Kingston, and their assigns, that the said sum of money should be well and truly paid to the said James Campbell and Stephen Kingston, or their assigns, agreeably to the said obligation or writing obligatory, as by the same deed of assignment to the Court here shown appears. And the said James Cummings further in fact saith, that the said James Campbell and Stephen Kingston afterwards, to wit, on the eighteenth day of December, in the year last aforesaid, at the county aforesaid, the said sum of money being in no wise paid or satisfied, by their certain deed of assignment on the said obligation or writing obligatory duly made and executed, under their hands and seals, before two credible [1 U.S. 444, 446]


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