Baker v. Gallagher

U.S. Circuit Court

Baker v. Gallagher

2 F. Cas. 461, 1 Wash. C. C. 461

DecidedOctober 15, 1806

StatusPublished

This text of 2 F. Cas. 461 (Baker v. Gallagher) is published on Counsel Stack Legal Research, covering United States Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baker v. Gallagher, 2 F. Cas. 461, 1 Wash. C. C. 461 (uscirct 1806).

Pincite

Opinion

WASHINGTON, Circuit Justice,

charged the jury. The argument, founded on the idea of the plaintiff being the agent of Niblie, is ingenious, and would be sound, if the case would bear it out. If the plaintiff had not been the creditor of Niblie, we might have considered him as his agent. But, as the case is, it is nothing more than a promise by the defendant, to pay to the plaintiff, a creditor of Niblie, a debt due to him by Niblie, and the bill is evidence of this promise. It is of no consequence, if the defendant, instead of having paid a part, had previously ■discharged the whole of his debt to Niblie; he is still bound to fulfil his engagement to the plaintiff. Verdict for plaintiff, for his whole demand.

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WASHINGTON, Circuit Justice,

charged the jury. The argument, founded on the idea of the plaintiff being the agent of Niblie, is ingenious, and would be sound, if the case would bear it out. If the plaintiff had not been the creditor of Niblie, we might have considered him as his agent. But, as the case is, it is nothing more than a promise by the defendant, to pay to the plaintiff, a creditor of Niblie, a debt due to him by Niblie, and the bill is evidence of this promise. It is of no consequence, if the defendant, instead of having paid a part, had previously ■discharged the whole of his debt to Niblie; he is still bound to fulfil his engagement to the plaintiff. Verdict for plaintiff, for his whole demand.

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Bluebook (online)

2 F. Cas. 461, 1 Wash. C. C. 461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-gallagher-uscirct-1806.