Dart v. Lowe

Assumpsit by the plaintiff against the defendants, for goods sold and delivered. The record states that the issues were joined, but it contains no pleas. The Court tried the cause, and found for the defendants. Motion for a new trial overruled, and judgment on the finding of the Court.

The plaintiff filed a bill of discovery, and under it Thayer, one of the defendants, was upon the trial examined viva voce. He testified that the plaintiff was a merchant in Pern; that, in November, 1850, Thayer placed in the hands of the plaintiff, who was about starting to the city of Cincinnati, 81 dollars,…