Winship v. the Bank of the United States
Supreme Court of the United States
Error to the Circuit Court of Massachusetts. This was an action of assumpsit, brought by the defendants in eiTor against John Winship, Amos Binney and John Binney, the present plaintiffs in error, as copartners, under the name of John Winship. The declaration contained seven counts, six of which set forth six different promissory notes, describing them.
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Error to the Circuit Court of Massachusetts. This was an action of assumpsit, brought by the defendants in eiTor against John Winship, Amos Binney and John Binney, the present plaintiffs in error, as copartners, under the name of John Winship. The declaration contained seven counts, six of which set forth six different promissory notes, describing them. The notes were of different dates and amounts, made by Samuel Jacques, jr., and payable to, and indorsed by John Winship, jr. : the declaration alleging the notes to be payable to Amos Binney, John Binney and John Winship, jr., by the name and…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the court. — This was an action brought in the court for the first circuit and district for Massachusetts, against John Winship, Amos Binney and John Binney, merchants and partners, trading under the name and firm of John Winship, as indorser of several promissory notes, made by Samuel Jacques, jr. At the trial, the maker was called by the plaintiffs, and sworn. He was objected to by the defendants, as an interested witness, an instrument being produced purporting to be a release in the name of John Winship of all liability of the maker on the said…
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