Burnham v. Webster
U.S. Circuit Court for the District of Maine
At law. This was an action of assumpsit [by Noah Burnham against Ebenezer Webster] on a promissory note, tried here May term, 1845, before the district judge.
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At law. This was an action of assumpsit [by Noah Burnham against Ebenezer Webster] on a promissory note, tried here May term, 1845, before the district judge. After testimony by the plaintiff, tending to establish the liability of the defendant, the latter offered in evidence a copy of a judgment, rendered in the province of New Brunswick, in which the parties were the same as in this case, and this same note, with others, was declared on, and a verdict and judgment rendered for the plaintiff on the others only, and as to this, no verdict returned, but an entry in the record or judgment that…
1Opinion of the Court
WOODBURY, Circuit Justice.
It has been contended by the counsel for the plaintiff in this case, that the record from New Brunswick does not contain enough to show that a judgment was actually rendered there against the plaintiff on the note now in suit. But according to the best forms of judgments, what is stated here is a substantial portion of them, where they are rendered as to part for the plaintiff, and as to another part for the defendant; and it contains enough to cover the decision. Thus in Fowler v. Tappenden, Lil. Ent. 475, that part of the judgment in favor of the defendant is…
2Cases cited22 opinions
- Borden v. FitchNew York Supreme Court · 1818
- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
- Starbuck v. MurrayNew York Supreme Court · 1830
- Shumway v. StillmanNew York Supreme Court · 1831
- Andrews v. HerriotNew York Supreme Court · 1825
17 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fisher, Brown & Co. v. FieldingSupreme Court of Connecticut · 1895
- Brier v. Traders' National BankWashington Supreme Court · 1901
- Union Securities Co. v. AdamsWyoming Supreme Court · 1925
- Hilton v. GuyottU.S. Circuit Court for the District of Southern New York · 1890
- McMullen v. RichieU.S. Circuit Court for the District of Northern Ohio · 1890