Clarke v. Castleman

PETITION FOR A RE-HEARING.

The counsel for Clarke, respectfully ask of the court, a re-hearing of the cause.

In the opinion pronounced, it is conceded, that the circuit court should have instructed, as in case of a non-suit, when moved to do so by Clarke; but that this error was cured by the introduction of the proof, shewing that Clarke had no funds in the hands of Fisher. It is conceived, with much deference to the opinion of the court, that, in the state of pleading, upon which this cause was tried, the proof-alluded to could not have had the operation supposed.

The liability of the drawer of…