Smith and Others v. Carrington and Others
Supreme Court of the United States
Error to the Circuit Court for the district of Rhode Island. This was an action of assumpsit, brought by the plaintiffs in error, subjects of Hamburg, to recover the balance due upon an account-current, the debit side of which consisted principally of the following charges, viz., insurance made in Hamburg on the defendants’ ship Abigail, from the United States to Hamburg, and on the ship and cargo from Hamburg to the Havana, and on an intended voyage back from the Havana to…
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Error to the Circuit Court for the district of Rhode Island. This was an action of assumpsit, brought by the plaintiffs in error, subjects of Hamburg, to recover the balance due upon an account-current, the debit side of which consisted principally of the following charges, viz., insurance made in Hamburg on the defendants’ ship Abigail, from the United States to Hamburg, and on the ship and cargo from Hamburg to the Havana, and on an intended voyage back from the Havana to Hamburgj advances made to the defendants to make up a cargo to the Havana ; bills of exchange accepted and paid $ cash…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the court. — This case comes up on exceptions to certain opinions given by the judges of the circuit court of Rhode Island, at the trial of the cause before them.
The first exception is to the admission of Peleg Remington as a witness. This exception appeared to .be abandoned by the counsel in reply, and is,, indeed, so perfectly untenable, that the court will only observe, that Peleg Remington does not appear to have been interested in the event of the cause in which he deposed, but certainly was not interested in the particular fact to which he was…
2Cited by21 opinions
- Texas & Pacific Railway Co. v. VolkSupreme Court of the United States · 1894
- Worthington v. StateCourt of Appeals of Maryland · 1882
- Stassi v. United StatesCourt of Appeals for the Eighth Circuit · 1931
- Gordon v. City of RichmondSupreme Court of Virginia · 1887
- Brackett v. NortonSupreme Court of Connecticut · 1823
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