Clarke v. Russel
Supreme Court of the United States
IN Error from the Circuit Court, for the Diftrhft of Rhode-If and. Ón the return of the Record, it appeared that a declaration, containing the following Count, had been filed in an a lit Cthint.
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IN Error from the Circuit Court, for the Diftrhft of Rhode-If and. Ón the return of the Record, it appeared that a declaration, containing the following Count, had been filed in an a lit Cthint. “ That the faid John Innes Clarke and Jofeph K 'Nightingale,.then in full life, on the 10th day of.March 1796, “ at the DiftriiS of Rhode-If and, in confideration that the Plaintiff would at the (pedal .inftance arid requeft of the M faid .Jofeph and John Innes, indorfe feven feveral fetts of “ bills of Exchange, of the daté, tenor, and defcription as-fet. ‘c forth in the annexed fchedule, drawn by a…
1Opinion of the Court
The opinion of the Court, after lome days deliberation; was delivered by the Chief Juftice, .in the following terms; •
■ Eelsworth, Chief JaJUcc. This caufe comes up on a bill of exceptions,.on the face of vvh'ch three exceptions appear.
1. Firll, that bills of exchange, which had been non-accepted,’ and protefted for non-payment, were admitted in evidence unaccompanied by protejis for non-acceptance'.
According to a'general rule, laid down by this Court; in the cafe of Barry and Brown, from Virginia, .and from which rule there'appear no fpecial circumftances to' exempt the prefent. cafe, this…
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