Oneale v. Thornton
Supreme Court of the United States
• ERROR to the circuit court of the district of Columbia, sittjng in Washington, in an action of assumpsit upon a promissory note, dated August 6th, 1800, payable in nine months thereafter, and given by Oneale to William 1 hornton, surviving commissioner of the city of Washington, for the purchase-money of lots No. 1. and 2. m the square.
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• ERROR to the circuit court of the district of Columbia, sittjng in Washington, in an action of assumpsit upon a promissory note, dated August 6th, 1800, payable in nine months thereafter, and given by Oneale to William 1 hornton, surviving commissioner of the city of Washington, for the purchase-money of lots No. 1. and 2. m the square. No. 107. in that cityi J The defence set up by Oneale was, that there was no consideration for the note, inasmuch as the superintendant of the city, who (by virtue of the act of congress passed the 1st óf May, 1802, entitled “ An act to abolish the board of…
1Opinion of the Court
Marshall, Ch. J.
delivered the opinion of the court as. follows :
This suit was instituted on a promissory note given by the plaintiffs hr error, to the commissioners of the city of Washington, in payment for two lots originally sold to Morris and Greenleaf, and resold to the plaintiff in consequence of the failure of the original purchasers to pay the purchase-money. The defendant having also failed to pay the purchase-money, the lots were again resold by the superintendant, who succeeded to the powers of the commissioners, and were conveyed to the assignee of the third purchaser. Oiieale, the…
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