(DOWNLOAD) "Brown v. Van Braam" by United States Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Brown v. Van Braam
- Author : United States Supreme Court
- Release Date : January 01, 1797
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Error from the Circuit Court, for the District of Rhode Island. The case was as follows: On the 10th of March, 1792, Brown and Francis, merchants, of Providence, in Rhode Island, drew four sets of bills of exchange on Thomas Dickason and Co. merchants, of London, payable at 365 days sight, to Benjamin Page, or order, for the aggregate sum of L. 3000 sterling. Page being at Canton on the 28th of March, 1793, endorsed these bills to Van Braam, the Defendant in error, and on the same day, as the agent of Brown and Francis, drew another set of bills of exchange, upon Thomas Dickason and Co. payable, also, at 365 days sight, to Van Braam, or order, for L. 3000 sterling. 3N the 9th of April, 1793, Page, in the same character of agent, drew a similar set of bills, in favor of Van Braam, or order, for L. 400 sterling. 3Ne bill of each set was presented to Thomas Dickason and Co. in London, for acceptance, on the 31st of December, 1793, but were then protested for non-acceptance, of which Brown and Francis had notice on the 1st of July, 1794, though the bills and protests were not actually returned to them. The bills were again presented for payment on the 15th of January, 1795, (that is 10 days after they were actually due) and protested for non-payment, of which Brown and Francis had notice on the 1st of Paril, 1795. This action was instituted in the Circuit Court of November Term, 1796, to recover the amount of the protested bills, with interest, damages and charges; and the declaration contained a special count on each bill, together with a general indebitatus assumpsit for 40,000 dollars, money had and received by the Defendants, to the use of the Plaintiff. On the return of the record it appeared, that Francis had died subsequent to the service of the original writ; that Brown came into court, and, after suggesting the death of Francis, pleaded the general issue; and that the Plaintiff having, likewise, suggested the death of Francis 'prayed judgment against John Brown, the surviving Defendant.' There was no joinder in issue, continuance, or other pleading; but immediately after the above prayer for judgment, the record proceeds, in this form: 'And the said John Brown made default: Whereupon, this cause being submitted to the court, and the court having fully heard the parties by their counsel, and mature deliberation being thereon had, it is considered by the court now here, that the said Andreal E. Van Braam Houchgeest, do recover against the said John Brown, the surviving partner as aforesaid, the sum of thirty four thousand four hundred and fifty five dollars, and twenty seven cents damages, and costs of suit, taxed at sixteen dollars and fifty two cents.' To the record of this judgment, the following memorandum was annexed: 'Nota Bene. The above sum, as ordered by the court, includes the principal and interest from the 15th January, 1795, to the 19th November, 1796, and ten per cent damages, and twenty nine dollars, and twenty two cents, charges of protest.' Upon this record the following errors were assigned, and argued by Howell and Robbins, of Rhode Island, and Dexter, of Massachusetts, for the Plaintiff in error, and by Barnes, of Rhode Island, and Mifflin, of Pennsylvania, for the Defendant in error. 1st. That after plea pleaded, there was a discontinuance of the cause in the court below, and, therefore, no judgment could be rendered.