Thornton v. Bank of Washington
Supreme Court of the United States
ERROR to the circuit court of the county at Washington in the district of Columbia. This, case was brought before, the court to reverse the judgment of the circuit court on a demurrer to the evidence offered by the defendants in error, the plaintiffs below, to sustain a claim on Mr Thornton as indorser on á promissory note discounted at the bank of Washington, for- the benefit of one Bailey, the maker of the note.
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ERROR to the circuit court of the county at Washington in the district of Columbia. This, case was brought before, the court to reverse the judgment of the circuit court on a demurrer to the evidence offered by the defendants in error, the plaintiffs below, to sustain a claim on Mr Thornton as indorser on á promissory note discounted at the bank of Washington, for- the benefit of one Bailey, the maker of the note. The facts of the case are stated in the opinion of the court, delivered by Mr Justice Story. Mr C. C. Lee and Mr Jones, for the plaintiffs m errox, contended that the evidence…
1Opinion of the CourtJustice Stoky
This case comes before us on a demurrer to the evidence in the court below, taken by the original defendant, now plaintiff in error; and this in our judgment is very important to be considered in the determination of the case. The party- who demurs to evidence, seeks thereby to withdraw, the consideration of the facts from the jury, and is therefore bound to. admit not only the truth of the evidence as given, but every fact which that evidence may legally conduce to prove in favour of the other party. And if upon any view of the facts, the jury might have, given a verdict against the party…
2Cases cited1 opinion
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
3Cited by19 opinions
- Joliet, Aurora & Northern Railway Co. v. VelieIllinois Supreme Court · 1892
- Truschel v. Rex Amusement Co.West Virginia Supreme Court · 1926
- Newell v. National BankCourt of Appeals of Kentucky · 1876
- Duncan v. Maryland Savings InstitutionCourt of Appeals of Maryland · 1838
- Grand Gulf Bank v. ArcherCourt of Appeals of Mississippi · 1847
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