Nicholson v. James & Patton

18 F. Cas. 211, 2 D.C. 164, 2 Cranch 164

• Court: U.S. Circuit Court for the District of District of Columbia
• Decided: April 15, 1819
• Status: Published

Opinion

But

the Court

(Cranch, C. J., contra,)

said it was not necessary that the plaintiff should prove that averment.

The Court,

(Thruston, J., absent,)

at the prayer of the counsel for the defendant, Robert, instructed the jury that in order to charge the defendant, Robert, in this action, it is incumbent on the plaintiff to prove that James and Robert carried on business under the name and firm of James Patton; and that this bill, on its face, purports to be the sole bill of James.