U.S. Circuit Court for the District of District of Columbia, 1802

Lovejoy v. Wilson

Lovejoy v. Wilson
U.S. Circuit Court for the District of District of Columbia · Decided December 15, 1802 · Cranch, Kilty, Marshall, Object
15 F. Cas. 1000; 1 Cranch 102
Lovejoy v. Wilson

Opinion of the Court

KILTY, Chief Judge,

was of opinion that the evidence was applicable to that count. No account being filed, the words “as by a particular account,” &c., must be rejected as surplusage, and then the count will stand as a general indebitatus assumpsit “for sundry matters chargeable in account;” and money lent is a matter chargeable in account.

MARSHALL, Circuit Judge, and CRANCH, Circuit Judge, did not object

(Quaere as to this point.)

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