Roberts v. Gallagher
U.S. Circuit Court for the District of Pennsylvania
This was a motion for a new trial; and 2 W. Bl. 955, $nd 5 Burrows, 2633, were cited. to show cases in which they had been granted, and supposed to apply to this case. To prove that the bill of exchange, remitted by defendant to plaintiff, ought, if by plaintiff’s neglect it was made his own, to amount t.o a payment, 2 Wils. 353, was cited.
1Opinion of the Court
WASHINGTON, Circuit Justice.
It does not appear by the defendant’s own statement, that if the cause were now to come on again for a new trial, it would differ at all from what it appeared on the trial the other day. The court left it to the jury to say. upon the evidence, whether the bill was remitted to the plaintiff In payment, or on account of the debt due to the plaintiff; and if they were satisfied of that fact, and that by the neglect of the plaintiff the debt had been lost, they were to consider it as a payment. But if it were only remitted to plaintiff as an agent, to negotiate or…
2Cited by2 opinions
- Cocke v. ChaneySupreme Court of Alabama · 1848
- Corbit v. President of the Bank of SmyrnaSupreme Court of Delaware · 1837