Matthieu v. Nixon

Assumpsit. This was a motion to set aside a nonsuit ordered by Mr. Justice Gantt, Because the presiding judge was wrong in confining the plaintiff in this case, in his proof, to the first count in his declaration against the defendant as endorser, saying that as the plaintiff had sued as endorsee, he therefore could not give evidence in support of the second count, which was for goods, &c. sold and delivered, or on the third, which was for their value in the usual form of a…