Mandeville v. Welch
Supreme Court of the United States
Error to the Circuit Court for the district of Columbia. This was an . action of covenant brought by the plaintiff, James Welch, for the use of Allen Prior, against the defendant Mandeville, one of the firm of Mandeville ’& Jamesson, for the breach of certain articles of agreement set forth in the declaration.
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Error to the Circuit Court for the district of Columbia. This was an . action of covenant brought by the plaintiff, James Welch, for the use of Allen Prior, against the defendant Mandeville, one of the firm of Mandeville ’& Jamesson, for the breach of certain articles of agreement set forth in the declaration. Several pleas were pleaded by the defendant; but as the opinion of this Court turned altogether upon the fourth set of pleadings, on which issue was joined, and at the trial a bill.of exceptions taken, it is unnecessary to' state the other pleadings. .The fourth plea alleged a release…
1Opinion of the CourtJustice Story
delivered the. opinion of the Court. Two questions arise upon the instruction to the jury: 1. Whether the bills were prima facie evidence that value had been paid for them by Prior to Welch? 2. Whether, under all the circumstances of the case, Prior was an assignee in equity entitled to maintain the present action ?
Upon-the first point, we are of opinion, that- the law was correctly laid down by the Court below-The argument of the defendant’s counsel admits, that,where a bill imports on its face to be for u value received,” it is prima facie evidence of that fact between the original parties;…
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