Harper v. West

U.S. District Court

Decided November 15, 1804

U.S. District Court · decided 1804-11-15

Assumpsit, upon a bill drawn by Luke, on West, in favor of plaintiff, and accepted by West, by C. Stephenson, his agent. The evidence was an order drawn by Luke, on West, and on the back of it, an order drawn by Stephenson, in behalf of West, on the treasurer of the theatre. objected, that this was not evidence of an acceptance by West

Decided 1804-11-15

¶1But

THE COURT

¶2overruled the objection, .being of opinion that if Stephenson was the authorized agent of West, for that purpose, his indorsement, in the form in which it was written, amounted to an acceptance. Moor v. Withy, Esp. 42.

¶3Mr. Jones, objected to the plaintiff’s giving in evidence acts to prove the defendant to be executrix in her own wrong, contending that if he meant to rely upon such evidence, he ought to have stated it specially in his application.

¶4But THE COURT (nem. con.) permitted the plaintiff to go into evidence of acts of interfering with the goods of the deceased, &c.