Broom v. Jennings

1 Kirby 392

Opinion

By the whole Court.

Error is not to be presumed; and for aught that appears from the record, the damages were assessed right: for they were assessed upon a hearing of the parties, and the receipt referred to in the indorsement, might have shown an agreement of the plaintiffs to accept and apply the bills nominally,- or the defendants might have shown other payments; for they were not confined to the indorsement.