Solomon v. Loper

Decided October 15, 1844

Superior Court of Delaware · decided 1844-10-15

This was an appeal from the judgment of a Justice of the Peace, in. an action of assumpsit. Pleas, non-assumpsit, &c. It appeared in proof that the respondents- sold a small vessel to-Solomon for $125, and placed his note for that amount in the hands of an attorney, for collection. He brought suit, and afterwards mislaid the note. The defendant came to the attorney, and said the note was for $100, upon which a judgment was confessed for that sum, and the money paid.

Decided 1844-10-15

The Court.

¶1—It appears that in reference to the subject matter of this suit there has been a judgment confessed; and the effort is to recover more on the assumption of a ' mistake in the original judgment ; and a special promise by the defendant to pay any further amount which might be proved to be due. Such evidence cannot be admitted under any count in this declaration, which has reference altogether, to the original demand for the price of the vessel, and which matter now appears to have passed into judgment.

¶2Evidence ruled out and plaintiff nonsuited.