29 F. Cas. 685
U.S. District Court
Decided July 15, 1808
U.S. District Court · decided 1808-07-15
Debt on a promissory note for $382.47. The defendant pleaded nil debet. offered in evidence under the plea of nil deb-et, a record of Frederick county, Virginia, of a judgment upon a declaration for $10,-000 for goods, wares, and merchandises sold and delivered, upon which judgment was confessed for £789 13s. and .offered parol evidence to prove that the judgment was upon and for this note and another. objected that it ought to have been pleaded; that it cannot be for the…
Decided 1808-07-15
¶1was of opinion that the former recovery maj' be given in evidence on nil debet, and that parol evidence may be given to show, that although the action was indebita-tus assumpsit for goods sold and delivered, the judgment was really confessed for and upon the notes, and that this parol evidence was not contradictory to the record.
¶2The plaintiff became nonsuit, with leave to move to reinstate.