Burch v. Spaulding

Decided October 15, 1823

This was an action to recover money overpaid by the plaintiffs’ intestate, who was clerk of the House of Representatives of the United States, to the defendant’s intestate, who was one of the officers of the House. The plaintiffs offered to examine Benjamin Burch as a witness.

Decided 1823-10-15

¶1But

the Court(Morsell, J., absent,)

¶2overruled the objection.

¶3The plaintiff offered in evidence, sundry cheeks drawn by Dougherty, as clerk of the House, in favor of Spaulding, or bearer, which were paid by the bank, and charged to Dougherty in his account with the bank.

¶4But the Court

(Thruston, J., contra,)

¶5decided that the checks were not evidence to the jury of payments of money to Spauld-ing.

¶6Motion for new trial overruled at December term, 1824.