Harris v. JohnstonAnnotate this Case
7 U.S. 311 (1806)
U.S. Supreme Court
Harris v. Johnston, 7 U.S. 3 Cranch 311 311 (1806)
Harris v. Johnston
7 U.S. (3 Cranch) 311
An action cannot be maintained on an original contract for goods sold and delivered by a person who has received a note as conditional payment, and has passed away that note.
A bill of parcels delivered by I. stating the goods as bought of D. & I. is not conclusive evidence against I. that the goods were the joint property of D. & I., but the real circumstances may be explained by parol.
If part of the goods were the sole property of D. and the residue the sole property of I,, and if I. had authority from D. to sell D.'s part, I. may maintain an action for whole, in his own name.
An endorsee of a promissory note payable to order cannot, in Virginia, maintain an action at law upon the note against a remote endorser, but he may in equity.
Error to the Circuit Court of the District of Columbia sitting at Alexandria in an action of assumpsit for goods sold and delivered and money had and received.
The defendant pleaded the general issue, and upon the trial took two bills of exceptions.
The first stated that this action was commenced on 10 July, 1801, and that on the trial, the plaintiff offered evidence of the sale and delivery of goods, to the amount of $2,149.33.
That the defendant offered in evidence a bill of parcels of the same goods, rendered by and in the handwriting of the plaintiff, Johnston, amounting to
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