Harris v. Johnston
Supreme Court of the United States
Error to the Circuit Court of the district of Columbia, sitting at Alexandria, in an action of assumpsit, for goods sold and delivered, and money had and received. The defendant pleaded the general issue, and upon the trial, took two bills of exception.
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Error to the Circuit Court of the district of Columbia, sitting at Alexandria, in an action of assumpsit, for goods sold and delivered, and money had and received. The defendant pleaded the general issue, and upon the trial, took two bills of exception. The first stated that this action was commenced on the 10th of July 1801, and that on the trial, the plaintiff offered evidence of the sale and delivery of goods, to the amount of $2149.33. That the defendant offered in evidence a bill of parcels of the same goods, rendered by and in the handwriting of the plaintiff, Johnston, amounting to…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion [*317 of the court.
This case comes up on two exceptions taken to opinions L given in the circuit court. The plaintiff in the court below had sold to the defendant in that court, certain goods, wares and merchandise, of which he had given him a bill, headed with the words, “Mr. Theophilus Harris, bought of Dunlap & Johnston,” &e. At the foot of this bill of parcels was the following receipt: “ Received Messrs. Clingman & Magaw’s note for the above sum, payable to the order of John Towers, or order, indorsed by John Towers and Theophilus Harris, payable 2d…
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