Gardner v. Lindo

9 F. Cas. 1191, 1 Cranch 78
U.S. Circuit Court for the District of District of Columbia·Decided March 15, 1802·No. Case No. 5,231·Published·Cited by 3 cases

Opinion

THE COURT

refused to admit the act of limitations to be given in evidence. See [Lindo v. Gardner] 1 Cranch [5 U. S.] 343; [note B., Append.] Id. 402, 405. After verdict for the plaintiff, it was moved, in arrest of judgment, 1st, That debt will (not lie on a promissory note. 2d, That it does not appear that letters of administration were granted to the plaintiff. 3d, That the action is in the debet and detinet.

THE COURT, at a subsequent term, decided that debt would lie on a promissory note, and that the other two objections were too late after verdict.

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Gardner v. Lindo, 9 F. Cas. 1191, 1 Cranch 78 (circtddc 1802).

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