Lonsdale v. Brown
U.S. Circuit Court for the District of Eastern Pennsylvania
This was an action on the case. The declaration contains a great number of counts; but the only two which it is necessary to notice are founded, 1. Upon a bill of exchange drawn by the defeudant at New Orleans for $000, upon James Brown & Co. of Philadelphia, in favour of the plaintiff, in the year 1800, and 2. On a promise made by the defendant to the plaintiff in the year 1809; that if the plaintiff would indulge him he would pay the bill, if he should ever be able to do…
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This was an action on the case. The declaration contains a great number of counts; but the only two which it is necessary to notice are founded, 1. Upon a bill of exchange drawn by the defeudant at New Orleans for $000, upon James Brown & Co. of Philadelphia, in favour of the plaintiff, in the year 1800, and 2. On a promise made by the defendant to the plaintiff in the year 1809; that if the plaintiff would indulge him he would pay the bill, if he should ever be able to do so, with an averment that he did indulge the defendant, and that he was able to pay. Plea, non assumpsit. After proving…
1Opinion of the CourtWashington, Circuit Justice
(charging jury). Although the declaration contains a great number of counts, they all may be resolved into two grounds of action. 1. On the bill of exchange; and 2. The new promise made in 1809.
1. The only objection made by the defendant’s counsel to a recovery on the bill, being a former verdict and judgment on the same bill, I shall notice no other. As to this de-fence, it is objected by the plaintiff’s counsel, that this matter ought to have been pleaded in bar; and that at all events the defendant is bound to prove otherwise, than by the record, that the bill of exchange, on which that…
2Cases cited1 opinion
- Jones v. ScrivenNew York Supreme Court · 1811