Legal Opinion

Barr v. Craig

Supreme Court of the United States

Decided March 1, 1792PublishedCited by 9 opinions

THE circumstances of this case were as follow : Henry Banks, of Virginia, wishing to remit a sum of money to James Barr, the plaintiff, requested the defendant (then in Virginia, and to whom Banks was also indebted, in partnership with Preeson Boudoin) to take a charge of an order for £800 on Mease & Caldwell, of Philadelphia, upon the terms specified in the subjoined receipt, which the defendant gave upon the occasion.

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THE circumstances of this case were as follow : Henry Banks, of Virginia, wishing to remit a sum of money to James Barr, the plaintiff, requested the defendant (then in Virginia, and to whom Banks was also indebted, in partnership with Preeson Boudoin) to take a charge of an order for £800 on Mease & Caldwell, of Philadelphia, upon the terms specified in the subjoined receipt, which the defendant gave upon the occasion. “ Received, Richmond, 21st January, 1783, of Henry Banks " an order of Daniel Clarke, Esq. on Mease & Caldwell, for “ the sum of £800 Virginia currency, on an insurance policy…

1Opinion of the Court

The Chief Justice delivered the following charge to the Jury, after stating the evidence on both sides of the cause.

M‘Kean, Chief Justice:

—The plaintiff had, unquestionably, a good cause of action, at the time of instituting his suit: But, it appears that at that time also, the defendant had a good cause of action against Henry Banks; and, accordingly, attached certain monies belonging to Banks, in the hands of Forde, who was the special bail of Banks, in another action, brought against him by James Barr, the present plaintiff. Judgment being entered, and a Ca. Sa. issued in this last…

2Cited by9 opinions

  1. Myers v. Hurley Motor Co.Supreme Court of the United States · 1927
  2. Bradley Lumber Co. v. Bradley County BankCourt of Appeals for the Eighth Circuit · 1913
  3. Vincennes Bridge Co. v. Board of County Com'rsCourt of Appeals for the Eighth Circuit · 1917
  4. Pryor v. MorganSupreme Court of Pennsylvania · 1895
  5. McMahan v. International Ass'n of Bridge, Structural & Ornamental Iron WorkersDistrict Court, D. South Carolina · 1994

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