Bank of the U. States v. Jackson's adm'x
Supreme Court of Virginia
These two causes were argued and decided together. I. The first was an action of assumpsit, brought in June 1823, by the president, directors and company of tiie bank of the U. States against Jackson, in the circuit court of Harrison.
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These two causes were argued and decided together. I. The first was an action of assumpsit, brought in June 1823, by the president, directors and company of tiie bank of the U. States against Jackson, in the circuit court of Harrison. The declaration, after stating the incorporation of the bank of the U. States by congress, contained four special and two general counts. 1. The first count set forth a promissory note, dated the ISth April 1820, at the city of Washington, by Richard Cutts to Jackson, for 3600 dollars, payable at the office of discount and deposite of the bank there, sixty days…
1Opinion of the CourtBrokenbrough, J.
First as to the case of The Bank of the U. States against Jackson’s administratrix: the only question I deem it necessary to discuss at any *226length, is that arising from the two general counts of ^ declaration, and the finding of the jury. Do the probata agree with the allegata of those two counts ? Does the special verdict support them ?
It is obvious, that the allegation in both those counts, sets f01-[h a debt due from the defendant himself, and a , . promise founded on that debt. Tne charge m the first, is a very different one from that of some other person’s having had and received the…
2Cases cited8 opinions
- Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
- Violett v. PattonSupreme Court of the United States · 1809
- Commonwealth v. WheelerMassachusetts Supreme Judicial Court · 1806
- Page's Administrators v. Bank of AlexandriaSupreme Court of the United States · 1822
- Farmers' Bank v. VanmeterCourt of Appeals of Virginia · 1826
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