Rogers v. Durant
106 U.S. 644 (1883)

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U.S. Supreme Court

Rogers v. Durant, 106 U.S. 644 (1883)

Rogers v. Durant

Decided January 29, 1883

106 U.S. 644

Syllabus

l. The loss of a draft is not sufficiently proved, to support a suit in equity thereon against the drawer or acceptor, by evidence that it was left with a referee appointed by order of court to examine and report claims against an estate in the hands of a receiver, and that unsuccessful inquiries for it have been made of the referee, the receiver, and the attorney for the present defendant in those proceedings, without evidence of any search in the files of the court to which the report of the referee was returned or any application to that court to obtain the draft.

2. A decree of the circuit court dismissing upon the merits a bill of which this Court on appeal holds that there is no jurisdiction in equity, will be reversed, and the cause remanded with directions to dismiss the bill without prejudice to an action at law, and with costs in the court below, and each party to pay his own costs on the appeal.

The case is stated in the opinion of the Court.

Page 106 U. S. 645

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