Cooke v. Graham's Administrator
Supreme Court of the United States
Error to the Circuit Court of the district of Columbia, sitting at Alexandria. The declaration was in debt, on a bond, dated the 3d of October 1799,, in the penalty of $5000. On oyer, the bond appeared to be dated the 3d of January 1799, and the condition was as follows : “Whereas, the said Stephen Cooke did lend to Josiah Watson, of the town of Alexandria, $2500 of the said William Graham’s money; and the said Josiah Watson having: failed, but before he failed,paid $500;…
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Error to the Circuit Court of the district of Columbia, sitting at Alexandria. The declaration was in debt, on a bond, dated the 3d of October 1799,, in the penalty of $5000. On oyer, the bond appeared to be dated the 3d of January 1799, and the condition was as follows : “Whereas, the said Stephen Cooke did lend to Josiah Watson, of the town of Alexandria, $2500 of the said William Graham’s money; and the said Josiah Watson having: failed, but before he failed,paid $500; and whereas, the said Stephen Cooke hath instituted a suit against the said Josiah Watson, for the recovery of the said…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of r*2g5 the court to the following effect:—
The plaintiff declares upon a bond, dated the 3d of October ; and upon *142oyer, the bond appears to bear date the 3d of January preceding. By the oyer, •the bond is made a part of the declaration. There were several pleadings, and among the rest, a bad declaration, a bad rejoinder, and a special •demurrer by the plaintiff to this bad rejoinder. When the whole pleadings are thus spread upon the record by a demurrer, it is the duty of the court to examine the whole, and go to the first error. When the special demurrer…
2Cases cited1 opinion
- United States v. LinnSupreme Court of the United States · 1843
3Cited by1 opinion
- Cooke v. Graham's Administrator.Supreme Court of the United States · 1805