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2 U.S. 100

M'Kimm v. Riddle

Supreme Court of the United States

Decided January 1, 1788

Supreme Court of the United States · decided 1788

Assumpsit for goods sold and delivered. Pleas, non assumpsit, payment, &c. The plaintiffs, having proved the contract, were called on to produce their Letters Testamentary; but the Counsel insisted, that although they had them, they were not bound to produce them on the present issue.

Good law ✅— No negative treatment on recordhow we know

Decided 1788

How this case has been cited

Cited by 11 later decisions (4 by the Supreme Court) — most recently January 1902

7 state decisions

301788179018001810182018301840185018601870188018901900decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Assumpsit for goods sold and delivered. Pleas, non assumpsit, payment, &c.

¶2The plaintiffs, having proved the contract, were called on to produce their Letters Testamentary; but the Counsel insisted, that although they had them, they were not bound to produce them on the present issue.

¶4By the Court:

¶5—It is not necessary, under the pleas in this cause, to produce, the Letters Testamentary. If the defendant wished to have them produced, he should have pleaded, and put the matter in issue.

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