Krouse v. Deblois

U.S. District Court

Decided July 15, 1803

U.S. District Court · decided 1803-07-15

General indebitatus assumpsit and quantum valebat for 418 pounds of beef sold and delivered. The defendant offered to prove a special agreement between the plaintiffs [Ivrouse & Gloyd] and defendant, on which the beef was delivered. moved the court to instruct the jury, that he was entitled to recover for the beef delivered, although a special agreement should be proved.

Decided 1803-07-15

¶1But

THE COURT(MARSHALL, Circuit Judge, absent)

¶2refused to give the instruction. The authorities cited were: Esp. N. P. 130, 138, 140; Rolleston v. Hibbert, 3 Term R. 412; Cates v. Knight, Id. 444; Cutter v. Powell, 6 Term R. 320; Payne v. Bacomb, Doug. 651; Robinson v. Bland, 2 Burrows, 1088; Precedents of Declarations (Boston, June, 1802) pp. 18, 10.

¶3Mr. Mason prayed leave to amend, which was granted, on payment of costs and a continuance.

¶4[The ease, was subsequently tried, and a verdict had for the defendant. Case No. 7,938.]