Hamiltons v. Eaton
U.S. Circuit Court for the District of North Carolina
DECLARATION. ARCHIBALD HAMILTON and John Hamilton, merchants, of Great-Britain, and copartners in trade, under the firm of Archibald Hamilton and company, complain of John Eaton, surviving obligor of Gabriel Long dec. citizen of and resident within the state and district of North-Carolina, and within the jurisdiction of this honourable court, in custody of the Marshall of the said district, &c. of a plea that he render to them, eight hundred pounds, proclamation money, of…
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DECLARATION. ARCHIBALD HAMILTON and John Hamilton, merchants, of Great-Britain, and copartners in trade, under the firm of Archibald Hamilton and company, complain of John Eaton, surviving obligor of Gabriel Long dec. citizen of and resident within the state and district of North-Carolina, and within the jurisdiction of this honourable court, in custody of the Marshall of the said district, &c. of a plea that he render to them, eight hundred pounds, proclamation money, of the value of 2,000 dollars, money of the United States, which to them he owes, and from them unjustly detains: for that,…
1Opinion of the CourtSitgreaves, J.
This is an action of debt, brought by the plaintiffs, to recover of the defendant, on an obligation made in the year 1776. The defendant has pleaded four several pleas in bar, which are now for the decision of the court by demurrer.
I shall consider of the case, as it appears by the first plea; which places the defendant, on the most advantageous ground: as a decision on that will probably govern all the cases arising out of the subsequent pleas.
The case as it appears by the first plea, is as follows: the plaintiffs were merchants, residents of North Carolina, before and at the time of the…
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