Bellows v. Hallowell & Augusta Bank
U.S. Circuit Court for the District of Massachusetts
[Error to the district court of the United States for the district of Maine.] At law. This was a writ of error upon a judgment of the district court of Maine, in an action of assumpsit, brought by the plaintiff to recover of the defendants the amount of certain promissory notes issued by the Hallowell & Augusta Bank. The facts appear from the following special verdict, given in the district court, [unreported,] upon which judgment was rendered for the defendants.
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[Error to the district court of the United States for the district of Maine.] At law. This was a writ of error upon a judgment of the district court of Maine, in an action of assumpsit, brought by the plaintiff to recover of the defendants the amount of certain promissory notes issued by the Hallowell & Augusta Bank. The facts appear from the following special verdict, given in the district court, [unreported,] upon which judgment was rendered for the defendants. The jury find specially the following facts, viz: That the bills or notes mentioned in the schedule annexed to the writ were duly…
1Opinion of the Court
STORY, Circuit Justice.
If the special verdict in this case be imperfect, by reason of any ambiguity, or uncertainty, so that the court cannot say for which party judgment ought to be given, the judgment of the district court ought to be reversed, and a venire facias de novo awarded for a new trial at the bar of this court. Rex v. Hayes, 2 Ld. Raym. 1518; Rex v. Huggins, Id. 1574, 2 Strange, 882; Rex v. Woodfall, 5 Burrows, 2661; Goodtitle v. Jones, 7 Term R. 47; Bird v. Appleton, 1 East, 111, note a; Gibson v. Hunter, 2 H. Bl. 187; Town of Shrewsbury v. Kynaston, 7 Brown, Parl. Cas. 396, 2…
2Cases cited1 opinion
- Wyman v. President of Hallowell & Augusta BankMassachusetts Supreme Judicial Court · 1817
3Cited by9 opinions
- Garland v. DavisSupreme Court of the United States · 1846
- Los Angeles City Water Co. v. City of Los AngelesU.S. Circuit Court for the District of Southern California · 1898
- Ames v. Lake Superior & Mississippi RailroadSupreme Court of Minnesota · 1875
- Bliss v. CottleNew York Supreme Court · 1860
- Chapman v. HoldingSupreme Court of Alabama · 1877
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