Lanusse v. Barker
Supreme Court of the United States
Error to the circuit court for the district of New- . York.' íhis was an action of assumpsit brought in the circuit court of New-York by the plaintiff in error,, against the defendant, to recover the- amount of 500 bales of cotton, shipped by the plaintiff from New-Orleans,on account of John Taber & Son, of Port-, land, in the district of Maine, upon the alleged’ promiseof the defendant to pay for the same, .with t.he- incidental disbursements and expenses.
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Error to the circuit court for the district of New- . York.' íhis was an action of assumpsit brought in the circuit court of New-York by the plaintiff in error,, against the defendant, to recover the- amount of 500 bales of cotton, shipped by the plaintiff from New-Orleans,on account of John Taber & Son, of Port-, land, in the district of Maine, upon the alleged’ promiseof the defendant to pay for the same, .with t.he- incidental disbursements and expenses. At the trial a verdict was taken, and judgment rendered thereon for the defendant, and the cause whs brought up’to this court by writ of…
1Opinion of the CourtJustice Johnson
This case comes- up on- a bill of exceptions. This chhrge of the Judge was' given proforma, generally against the plaintiff, and the verdict conforms to it* There are many counts in the declaration, and ' if, on any of those counts the plaintiff was entitled to recover, the judgment below miist be reversed.
an^a X3th of February, and 24th of July, revocation of ¿"thefetl ter of the 9tk of January,
The first count is on a refusal to pay two sets ' of bills drawn on Taber & Soil of Portland, payable in New-York. These bills were duly protested and returned, and. the amount, with damages, refunded…
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