Henderson v. Moore
Supreme Court of the United States
ERROR to' the circuit court of the district of g-, i ,. t-olumoia. , On the plea of payment to an action of debt upon a bond, for 500 dollars, dated in .178 Í, the defendant offered evidence to prove that in the'year 1797 the plaintiff acknowledged that he had_ received of the money of the defendant to the amount of about 1,000 dollars,, of one Willoughby Tibbs, out of the amount of a decree which the defendant had obtained against him for 3,000 dollars, and that the money…
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ERROR to' the circuit court of the district of g-, i ,. t-olumoia. , On the plea of payment to an action of debt upon a bond, for 500 dollars, dated in .178 Í, the defendant offered evidence to prove that in the'year 1797 the plaintiff acknowledged that he had_ received of the money of the defendant to the amount of about 1,000 dollars,, of one Willoughby Tibbs, out of the amount of a decree which the defendant had obtained against him for 3,000 dollars, and that the money which he so received was in full of all his claims against' the defendant, the' plaintiff having paid for the defendant…
1Opinion of the Court
Marshall, Ch¿ J.
delivered the opinion of the eourt,
That there was no error in the opinion of the court below. A part of the money due' on the' bond might have been paid before; and such an aclcnowledgment, • upon receipt of a sum smaller than the amount .of the condition of the bond, was good evidence upon the plea of payment.
Judgment affirmed with costs.
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- Yarber v. Chicago & Alton Railway Co.Illinois Supreme Court · 1908
- Wash., B. A.R. Co. v. KimmeyCourt of Appeals of Maryland · 1922
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