Alexander Brown & Sons ex rel. Oliver v. Decatur

U.S. Circuit Court for the District of District of Columbia

Alexander Brown & Sons ex rel. Oliver v. Decatur

4 F. Cas. 366, 4 D.C. 477, 4 Cranch 477

CourtU.S. Circuit Court for the District of District of Columbia

DecidedNovember 15, 1834

StatusPublished

This text of 4 F. Cas. 366 (Alexander Brown & Sons ex rel. Oliver v. Decatur) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alexander Brown & Sons ex rel. Oliver v. Decatur, 4 F. Cas. 366, 4 D.C. 477, 4 Cranch 477 (circtddc 1834).

Pincite

Opinion

The Court

(nem. con.) gave the instruction prayed by Mr. Marbury. And further, (Thruston, J., contra.) at the prayer of the plaintiffs, instructed the jury, in substance, that, if they find, from the evidence, that when the amount of the loan was so paid by Oliver, to the Browns, and the assignment was taken, it was not intended thereby to extinguish the debt, but that the same should be assigned by the said Browns to the said Oliver, and was, in consideration of such payment, so assigned, the plaintiffs had a right to bring this action, for the use of the said Oliver, in the manner it is brought.

Verdict for the plaintiff for $1,500 and interest.

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The Court

(nem. con.) gave the instruction prayed by Mr. Marbury. And further, (Thruston, J., contra.) at the prayer of the plaintiffs, instructed the jury, in substance, that, if they find, from the evidence, that when the amount of the loan was so paid by Oliver, to the Browns, and the assignment was taken, it was not intended thereby to extinguish the debt, but that the same should be assigned by the said Browns to the said Oliver, and was, in consideration of such payment, so assigned, the plaintiffs had a right to bring this action, for the use of the said Oliver, in the manner it is brought.

Verdict for the plaintiff for $1,500 and interest.

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Bluebook (online)

4 F. Cas. 366, 4 D.C. 477, 4 Cranch 477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-brown-sons-ex-rel-oliver-v-decatur-circtddc-1834.