Dunlop v. Munroe

Decided June 15, 1809

District of Columbia District Court · decided 1809-06-15

This was an action on the case to recover from the postmaster at Washington, the value of bank-notes lost in the course of the mail. The cause first came before the Court at December, 1807. The declaration then contained only two counts: 1st, for fraud. 2d, for negligence of the defendant himself in not sending on the letter, with its contents, to Petersburg, as it was directed, “ and as it was his duty-to do,” whereby the plaintiffs lost the money.

Decided 1809-06-15

The Court(Duckett, J., absent,)

¶1said it was not a matter of common right to poll the jury, and they would not fix a precedent by which either party might capriciously insist on polling the jury without assigning any reason therefor.

Fitzhugh, J.,

¶2added, that the want of practice is strong evidence

¶3of the want of right. An extraordinary case should be made out to justify a departure from the ordinary course of proceeding.

¶4Verdict for the defendant upon all the issues.

¶5(Affirmed by the Supreme Court of United States, 7 Cranch, 242.)