Legal Opinion

Draper's ex'ors v. Gorman

Supreme Court of Virginia

Decided August 15, 1837Published

Debt upon a judgment of the circuit court of the United States for the district of Columbia, held at the city of Washington. John B. Gorman declared in that court against Joseph Draper, in assumpsit (as on a bill of exchange) upon a check drawn by the defendant, on the 28th of February 1831, upon the bank of Washington for 1000 dollars payable to George Milburn or order, and endorsed by Milburn to the plaintiff, which check had been dishonoured.

Read the full summary

Debt upon a judgment of the circuit court of the United States for the district of Columbia, held at the city of Washington. John B. Gorman declared in that court against Joseph Draper, in assumpsit (as on a bill of exchange) upon a check drawn by the defendant, on the 28th of February 1831, upon the bank of Washington for 1000 dollars payable to George Milburn or order, and endorsed by Milburn to the plaintiff, which check had been dishonoured. Issue was joined on the plea of non assumpsit, but the defendant afterwards withdrew his plea, and confessed judgment for 2000 dollars the damages…

1Opinion of the CourtParker, J.

This was an action of debt, brought in the superiour court of Wythe county on a judgment of the circuit court of the district of Columbia. In its progress the defendants (who are the plaintiffs in error here) offered two pleas which were rejected by the court. One was the plea of nil debet: the other that the judg*630ment of the circuit court was recovered on a bill of exchange drawn by their testator, when he was in a state 0f intoxication, for money won at gaming.

The counsel for the defendant in error, in an able ancj eJat>oi-ate argument, has attempted to justify the court below in rejecting…

2Cases cited11 opinions

  1. Cohens v. VirginiaSupreme Court of the United States · 1821
  2. Martin v. Hunter's LesseeSupreme Court of the United States · 1816
  3. Mills v. DuryeeSupreme Court of the United States · 1813
  4. Hampton v. M'connelSupreme Court of the United States · 1818
  5. Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API