Clark's Executors v. Carrington
Supreme Court of the United States
ERROR to the Circuit Court for the district of Rhode-Island,' in an action of assumpsit, brought by Carrington against Clark, in .his life time, and prosecut®d against his executors,. after his decease, to recover from them five ninths of the amount of a judgment recovere Che declaration contained the usual money counts, and several Counts upon a special undertaking by Clark comPb Ihs contract between Greene and Barker and Carrington, which contract was averred to be to pay…
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ERROR to the Circuit Court for the district of Rhode-Island,' in an action of assumpsit, brought by Carrington against Clark, in .his life time, and prosecut®d against his executors,. after his decease, to recover from them five ninths of the amount of a judgment recovere Che declaration contained the usual money counts, and several Counts upon a special undertaking by Clark comPb Ihs contract between Greene and Barker and Carrington, which contract was averred to be to pay all debts contracted -by Carrington with Smith and Co. on account of the owners-of the ship Abigail, in the proportion…
1Opinion of the Court
Marshall, Ch. J.
delivered the opinion of the Court as follows :
This cause comes on now to be heard,
1st. On exceptions to the opinion of the Circuit Court permitting certain exhibits produced by the Defendants in error, to go to the jury.
2d. On exceptions to the charge delivered by the Judge, to the jury.
The first exhibit, to which the Plaintiffs in error objected, was a letter written by their 'testator to George Smith & Co. of Hamburg, which respects the transaction on which the present suit is founded. This letter is said to be irrelevant.
The second is a letter written by Greene & Barker,…
2Cited by29 opinions
- Andrews v. HerriotNew York Supreme Court · 1825
- Love v. GibsonSupreme Court of Florida · 1849
- Wilhite v. HoustonCourt of Appeals for the Eighth Circuit · 1912
- The AlertDistrict Court, S.D. New York · 1889
- Smeltzer v. WhiteSupreme Court of the United States · 1876
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