United States v. Spalding
U.S. Circuit Court for the District of Rhode Island
Debt on five obligations, executed by Joseph Hubbard as principal, and the deféndant [Edward Spalding] as surety, for certain sums of money, set forth in the declaration.
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Debt on five obligations, executed by Joseph Hubbard as principal, and the deféndant [Edward Spalding] as surety, for certain sums of money, set forth in the declaration. The first count alleged that the defendant “on the 7th of August, 1819, at Bristol, by his certain writing obligatory, sealed with his seal, and which said writing obligatory the plaintiffs produce to the court here, in a mutilated state, and cannot otherwise produce the same, by reason that a part of the condition there underwritten, and the signature and seal of the said Spalding, have been tom from the same and destroyed…
1Opinion of the Court
STORY, Circuit Justice.
It has been intimated at the bar, that the demurrer by mistake extends to the sixth count, and therefore I pass over all observations as to that count, for - it is clear that so far the demurrer cannot be sustained. And before proceeding to the principal point in controversy, it may be well to dispose of some other objections spread upon the record, as causes of special demurrer. One of these is, that there is no profert of the condition of the writing obligatory, although it is set forth in the declaration. To this it is a sufficient answer, that when a *1279profert is made…
2Cited by12 opinions
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- Andrews v. CallowaySupreme Court of Arkansas · 1887
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