78- Cases ruled and adjudged in the ` rygo. Coates, to recover a debt ; that Sbarpeofered to make a fet oil] VV# for ·water·maney, that is, a charge for Tbateberir drawing water at his pump ; but that jullioe Caam refufed to admit it, and ve judgment for the debt demanded. That, thereupon, Sharpe ged Tbateber before jultice Wbartan ; and his fon was fworn, as a witnefs, to prove an agreement between the panics, relative to paying water money, but he declared he knew nothing about it. That Sharpe himfelf was thenqualilied to the truth of his account ; and upon this evidence alone, jultice Wharton, gave 'udgment for the amount ; though it was formally certilied to him, that juliice Caam had already decided upon the fame quef- tion. ` Tru: Coursr, in termsof great difapprobation, declared that no Juftice ought to take oognizance of a caufe, which had previoully been decided by another Jullice. But without taking that point into eonlideration, they 1`aid a judgment given, merely on the atuellatioo of the party interelled, could not be fullsained. . Judgment reverfed. -—-•-—- verfu: GAL¤u11·1—f, Garnilhee.
THIS Scieri Facia: againll the Gamiihee in a foreign attach-
ment, was returnable to December term next; and on mo; tion of Howell, and_·Hallawell,_ rue Comrr granted a rule for taking the depolitions of witnelfes, on notice to the Garnilhee. _ '1`he Bam: of Nowm Aueruca verfu: Varmou. HIS was an a£l:ion againlt the indorfor of a promillbry T note; in which the only defence attempted on the trial, was the Want of notice, that the note had Dpt been paid by the drawer, when it became due. Lewir, for the plaintiff} would . not admit, that in Pemy`yl·vania, the llriét doétrine of notice ap- plied to the cafe of promilfor notes as in England; where notes are put by llatute upon the lame footing with bills of exchange, and mult, therefore, in that refpeét, as well as every other, be regulated by the fame rules; nor that a protell on a promidbr note was at all neceffary here, except for the conveniency of ali certaining the demand and non-payment. He produced, how- ever, the meffenger of the Bank, to prove the fait of notice be- mg
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