Payson v. Coolidge
U.S. Circuit Court for the District of Massachusetts
Assumpsit on a bill of exchange drawn at Baltimore on the 7th of March. 1S14, by Messrs. Cornthwait & Carey, for 2,000 dollars, upon the defendants at Boston, payable at sight, to the order of John Bandall, and by him endorsed to the plaintiffs. The declaration alleged the bill to be duly accepted by the defendants.
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Assumpsit on a bill of exchange drawn at Baltimore on the 7th of March. 1S14, by Messrs. Cornthwait & Carey, for 2,000 dollars, upon the defendants at Boston, payable at sight, to the order of John Bandall, and by him endorsed to the plaintiffs. The declaration alleged the bill to be duly accepted by the defendants. At the trial upon the general issue, the endorsement was denied, and, to prove it, the plaintiffs offered in evidence the affidavit of Coolidge (one of the defendants), filed in this cause to procure a continuance thereof.. The affidavit, among other things, stated that the…
1Opinion of the Court
STORY, Circuit Justice.
We are of opinion, that the affidavit, taken in connexion with the bill, is proper evidence to be left to the jury, from which they may infer an admission by the defendants, that the plaintiffs are the legal holders of the bill. It is true, that the bill is not accurately described in the affidavit, and this by mere mistake, as it must be presumed, for there is no reason to suppose a deliberate intention to commit perjury. But there cannot be a doubt, that the bill declared on, and - the bill described in the affidavit, are the same, and that the affidavit contemplated…
2Cases cited4 opinions
- Banorgee v. HoveyMassachusetts Supreme Judicial Court · 1809
- Storer v. LoganMassachusetts Supreme Judicial Court · 1812
- Wilson v. ClementsMassachusetts Supreme Judicial Court · 1807
- M'Evers v. Mason, Hodgson & Co.New York Supreme Court · 1813
3Cited by3 opinions
- Wardell v. HowellNew York Supreme Court · 1832
- Franklin Bank v. LynchCourt of Appeals of Maryland · 1879
- Harrison v. SmithThe Superior Court of New York City · 1870