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2 Yeates 26

Waters v. Collot

Supreme Court of Pennsylvania

Decided December 15, 1795

Supreme Court of Pennsylvania · decided 1795-12-15

• THIS was an action on the case, for consequential damages. The bail demanded was 8001. Voisin has been returned non est inventus by the sheriff; and a rule had been obtained, to show cause why the defendant Oollot should not be discharged on common bail. On the argument, the following facts were stated. It appeared by the plaintiff’s affidavit, that he was master of the brig Kitty, an Americian bottom, wholly owned by Stephen Girard, of Philadelphia.

Decided 1795-12-15

By the Court.

¶1This question has been argued with the same degree of warmth and minuteness, as if we had been engaged in a trial of the merits. The court will not now give the most distant sentiment, how far the defendant can justify his conduct, as an official character. Sufficient reasonable ground has been shown to bring the matter before the proper tribunal to ascertain facts, a jury of the country. And therefore we unanimously discharge the rule.

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