Kirkman v. Hamilton
Supreme Court of the United States
THIS case came before the court on a certificate of division in opinion of the judges of the circuit court of the United States for the district of West Tennessee.
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THIS case came before the court on a certificate of division in opinion of the judges of the circuit court of the United States for the district of West Tennessee. In the circuit court of the United States for the district of West Tennessee, Thomas- Kirkman, Junior, a citizen of Alabama, instituted, in April 1823, an action of debt, against John W. Hamilton and Thomas Donoho, citizens of Tennessee, upon a promissory note drawn by the defendants under the firm of Hamilton and Donoho in West Tennessee, on the 22d of September 1818, for the sum of three thousand dollars, payable fifteen months…
1Opinion of the CourtChief Justice Marshall
This case comes up from the court of the United States for the seventh circuit, and district of West Tennessee, on a certificate that the judges of that court were divided in opinion on the following questions. ,1. Whether the plea of the statute of limitations is a bar to the recovery of the plaintiff, on the second count in the declaration? 2. Whether an action o, debt can be supported on the cause of action set forth in said second count? 3. Whether the averment of the citizenship of Thomas Ramsey & Co., the payees of the note in the said second count, is sufficient to sustain the.…
2Cases cited1 opinion
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