Scudder v. Union National Bank
Supreme Court of the United States
Error to the Circuit Court of the United States for the Northern (District of Illinois. This was an action of assumpsit against William H. Scudder and others, constituting the firm of Henry. Ames & Co., to recover the amount of a bill of exchange. Process was served only upon.
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Error to the Circuit Court of the United States for the Northern (District of Illinois. This was an action of assumpsit against William H. Scudder and others, constituting the firm of Henry. Ames & Co., to recover the amount of a bill of exchange. Process was served only upon. Scudder, who pleaded non-assumpsit and several special pleas. . The statute of Illinois on which one of the pleas is based provides that no action shall be brought whereby to charge the defendant upon any special promise to answer for the débt, default, or miscarriage of another person, “ unless the promise or agreement…
1Opinion of the CourtJustice Hunt
It is not necessary to examine the question, whether a denial of the motion to set aside the summons can be presented as a ground of error on this hearing. The facts are so clearly against the motion, that the question does not arise.
Nor does it become necessary to examine the question of pleading, which is so elaborately spread out In the record. The only serious question in the case is presented upon the objection to the admission of evidence and to the charge of the judge.-
Upon the merits, the case is this : The plaintiff below sought to recover from the firm of Henry Ames & Co., of St.…
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