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11 F. Cas. 1188

Henry v. Ricketts

U.S. District Court

Decided July 15, 1809

U.S. District Court · decided 1809-07-15

In an action upon the acceptance of a bill of exchange drawn by W. Hartshome upon the defendants [Ricketts, Newton & Co.] in favor of Ashley, and by him indorsed to Henry; the defence was that the ship Rose was transferred to Hartshome in payment of the bill, under a contract signed by Ashley.

Decided 1809-07-15

CRANCH, Chief Judge,

¶1said that If the jurors implicated could be heard, it must be as witnesses; and then the other jurors must be examined, whieh would produce mutual recriminations; and that the general rule in this court, and in other courts, is, not to hear the testimony of jurors upon an allegation of misbehavior. THE COURT refused to grant a new trial.

¶2Mr. Taylor, for plaintiff, wished to except to the decision of the court. THE COURT said they should not sign a bill of exceptions, as the supreme court of the United States had decided that a writ of error would not lie to the refusal of a new trial.

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