Welch v. Lindo
Supreme Court of the United States
ERROR to the Circdit Court for the District of Columbia, sitting at Alexandria. Welch brought an action of assumpsit against Lindo, upon his indorsement of a promisory note. The declaration contained two counts. The 1st count stated, that one John'Kercheval, on the 25th~ of August, 1796, made and delivered a promisory note to Lindo, payable to his order on demand, for 246 dollars, for valued received.
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ERROR to the Circdit Court for the District of Columbia, sitting at Alexandria. Welch brought an action of assumpsit against Lindo, upon his indorsement of a promisory note. The declaration contained two counts. The 1st count stated, that one John'Kercheval, on the 25th~ of August, 1796, made and delivered a promisory note to Lindo, payable to his order on demand, for 246 dollars, for valued received. That Lindo, on the 24th of January, 1800, indorsed it to Welch (the Plaintiff,) in these words, , viz •- “ Pay the within to James Welch, or order, without am « recourse whatever on — Jl.…
1Opinion of the Court
Marshall, Ch. J.
Delivered the following opinion-of tjie Court :
This was an :action brought by the Plaintiff against fije Defendant, in the Circuit ;Court for .the- county of Alexandria, The declaration 'contained two counts. Tlje first was special, arid the second for money-had and received, by the Defendant to the Plaintiff’s use.
At the trial of the cause, the Plaintiff ■ gáve in evidence, the record of the proceedings in a Court in the state of Kentucky, in a cause in which William Hodgsett,'assignee -of James Wehdi, who was assignee.of Abraham Lindo-was Plaintiff, ..and John Kércheval -was…
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