¶1instructed tbe jury that the record is not evidence until the assignment from Lindo to the plaintiff be first proved otherwise than by the record. A juror was withdrawn by consent, and the cause continued at tbe costs of the plaintiff.
29 F. Cas. 684
Welsh v. Lindo
U.S. District Court
Decided July 15, 1808
U.S. District Court · decided 1808-07-15
Assumpsit against the defendant as in-dorser of a promissory note made by Ker-chival to Lindo, who assigned it to Welsh, ‘•without recourse,” who assigned it to Hodg-sett. offered no evidence but a transcript of a record of a suit between Hodgsett and Kerchival, upon the note described in the declaration, in which suit the defendant pleaded payment to Lin-do, and obtained a verdict on that issue.
Decided 1808-07-15