King v. Riddle
Supreme Court of the United States
ERROR to the Circuit Court for the District of Columbia, sitting at Alexandria. Riddle brought an action of assumpsit in the' court below against King.
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ERROR to the Circuit Court for the District of Columbia, sitting at Alexandria. Riddle brought an action of assumpsit in the' court below against King. The declaration contained a. gqneral count for money paid, laid; outand expended by the Plaintiff for the use of the Defendankr-and a special count which stated that the Defendant in the year 1798 ^'e^nS taken in execution upon judgments of tfte county Court of Fairfax at the suit of Fosters and May, gave a prison-liounds-bond, with sureties, which bond he for. feited, and judgment was obtained against his sureties. That the Plaintiff (who was…
1Opinion of the Court
Marshall, Ch. J.
delivered the opinion of the court to the following effect:
In this case the whole evidence is spread upon the record by the bill of exceptions, and the Court below refused to instruct the jury (as requested by the Defendant) that it was not sufficient in law to enable the Plaintiff to recover in this action.
If the Court ought to have given this instruction, their refusal'is certainly error.
The evidence shows that a note was given, qr money paid by the idaintiff for the uSe of the Defendant ) but *171it is, objected tliat it was not paid at the request of the Defendant. If the…
2Cited by1 opinion
- King v. RiddleSupreme Court of the United States · 1812