United States Supreme Court Cases & Opinions

U.S. Supreme Court

Jones v. La Tombe, 3 U.S. 3 Dall. 384 384 (1798)

Jones v. La Tombe

3 U.S. (3 Dall.) 384

CAPIAS IN CASE

Syllabus

There is no cause of action against the drawer of a protested bill of exchange, acting as the consul general of France and where the bill purports to be a contract on the part of the government.

This was an action brought originally in the Supreme Court by John Coffin Jones, a citizen of Massachusetts, as endorsee of James Swan, against the defendant, the Consul General of the French Republic, as drawer of a number of protested bills of exchange (for the aggregate amount of 385,964 livres turnois, 3 sols, 8 den., equal to $70,052.46) corresponding with the following form: [omission]

Page 3 U. S. 385

At the opening of the term Dallas and Du Ponceau had obtained a rule that the plaintiff show his cause of action, and why the defendant should not be discharged on filing a common appearance, and now Ingersoll and E. Tilghman showed cause, produced the bills of exchange, and the plaintiff's positive affidavit of a subsisting debt, including a declaration