Acheson v. Miller
Ohio Supreme Court
This is a writ of error to the Court of Common Pleas of Trumbull county. The original action was in assumpsit, prosecuted by Miller against Acheson. The declaration contained the common counts, to which the defendant in that case interposed the plea of the general issue.
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This is a writ of error to the Court of Common Pleas of Trumbull county. The original action was in assumpsit, prosecuted by Miller against Acheson. The declaration contained the common counts, to which the defendant in that case interposed the plea of the general issue. The case was submitted to a jury, and a verdict returned in favor of the plaintiff below, upon which judgment was entered After verdict and before judgment, the defendant below moved the court for a new trial, which motion was overruled; to which opinion of the court overruling the motion, the plaintifl in error excepted, and…
1Opinion of the CourtHitchcock, C. J.
In order to a correct. disposition of this case, it seems only to be necessary to ascertain the nature of the controversy, and the true state of facts upon which the judgment in the court of common pleas is based. These are disclosed in the bill of exceptions. It seems that in December, 1834, a bill of exchange was drawn by Gary Lewis upon Williams & Macy, of Buffalo, New York, which bill was indorsed by Matthew Acheson, Samuel H. Sutliff, Levi Sutliff, C. H. Wilcox, Ruel Miller, and Calvin G. Sutliff. This bill was for five thousand dollars, and was discounted by the Western Reserve Bank.…
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