Legal Opinion

Cooke v. Graham's Administrator

Supreme Court of the United States

Decided March 6, 1805PublishedCited by 1 opinion

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

  1. United States v. LinnSupreme Court of the United States · 1843

3Cited by1 opinion

  1. Cooke v. Graham's Administrator.Supreme Court of the United States · 1805

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