Tiernan v. Jackson
Supreme Court of the United States
Error to the Circuit Court of Maryland. James Jackson, the defendant in error, on the 30th of April 1824, instituted in the circuit court, an action of assumpsit, against the plaintiffs in .error, Luke. Tiernan & Sons, merchants, of Baltimore.
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Error to the Circuit Court of Maryland. James Jackson, the defendant in error, on the 30th of April 1824, instituted in the circuit court, an action of assumpsit, against the plaintiffs in .error, Luke. Tiernan & Sons, merchants, of Baltimore. The declaration was for money had and received ; the defendants pleaded non assumpsit, and issue being joined, the cause was tried in December 1828, and a verdict and judgment rendered for the plaintiff, for the whole amount of his claim, under instructions given to the jury by the court, to which instructions the defendants excepted, and thereupon,…
1Opinion of the Court
Story, Justice,
delivered the opinion of the court. — This is a writ of error to the circuit court for the district of Maryland, in which the defendant in error was the original plaintiff. The suit was an action for money had and received, brought under the following circumstances : The defend ants, Luke Tiernan & Sons, of Baltimore, were factors of Thomas H. Fletcher, of Nashville, in the state of Tennessee. In the course of then-business transactions, Fletcher became indebted to them, and to another house, in which Luke Tiernan was surviving partner, in a sum of money exceeding $9000. On the…
2Cases cited4 opinions
- Mandeville v. WelchSupreme Court of the United States · 1820
- Schemerhorn v. VanderheydenNew York Supreme Court · 1806
- Weston v. BarkerNew York Supreme Court · 1815
- Goold v. ShawNew York Supreme Court · 1800
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- Exchange Bank v. RichMassachusetts Supreme Judicial Court · 1871
- First National Bank of Wellsburg v. KimberlandsWest Virginia Supreme Court · 1880
- Glenn v. MarburySupreme Court of the United States · 1892
- Title Guaranty & Surety Co. v. State ex rel. Leavenworth State BankIndiana Court of Appeals · 1915
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