Hopkins v. Orr
Supreme Court of the United States
ERROR TO THE SUPREME OOURT OF THE TERRITORY OF HEW MEXICO. This was an action of assumpsit, brought April 3, 1882, by Orr and Lindsley a'gainst Hopkins in a district court of the Territory of New Mexico. The declaration contained a special count on a promissory note for $1314.65, made by the defendant on October 1, 1881; and the common counts for the like sum due on that day for goods sold, for money lent, for money paid, and for money had and received.
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ERROR TO THE SUPREME OOURT OF THE TERRITORY OF HEW MEXICO. This was an action of assumpsit, brought April 3, 1882, by Orr and Lindsley a'gainst Hopkins in a district court of the Territory of New Mexico. The declaration contained a special count on a promissory note for $1314.65, made by the defendant on October 1, 1881; and the common counts for the like sum due on that day for goods sold, for money lent, for money paid, and for money had and received. The plaintiffs filed with their declaration the following note: “ $1314.65. St. Louis, October 1st, 1881. “ Four months after date I, the…
1Opinion of the Court
Mr: Justice Gray,
after stating the case as above reported, delivered the opinion of the court.
It was not contended in either of the courts of the Territory that any question of fact should have been submitted to the jury; but the contest was upon the sufficiency of the evidence and the verdict, in matter of law, to support a judgment for the plaintiffs. '
Upon the testimony that the defendant admitted his indebtedness on the note given in evidence, that note, though varying from'the description in the special count, was admissible under the common counts as evidence of money had and received…
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