Spalding v. Bank of Muskingum

Wood, Judge.

The declaration in this case contains the common money counts in indebitatus assumpsit, and to which the defendant plead the general issue of nonassumpsit.

The cause was submitted to the court on the circuit in the county of Muskingum, and reserved here to determine the law upon an agreed statement of the facts submitted by the counsel.

From this agreed statement, the substantial facts in the case appear to be these: On the twenty-third day of May, 1837, the plaintiff, a contractor on the public works upon the Muskingum River, in company with two other contractors, entered into an…