[Download] "Cooper, Executor v. Omohundro" by United States Supreme Court " eBook PDF Kindle ePub Free

eBook details

Title: Cooper, Executor v. Omohundro
Author : United States Supreme Court
Release Date : January 01, 1873
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 58 KB

Description

Messrs. J. M. Carlisle and J. M. Lyons, for the plaintiff in error; Mr. J. M. Crump, contra. Advances were made by the plaintiff to Silas Omohundro in the sum of $4390, as alleged in the bill of particulars filed in the case. None of that amount, as the plaintiff alleges, was ever paid by the decedent, and the defendant, as his executor, having neglected and refused to pay the same, the plaintiff brought an action of assumpsit against the defendant, as such executor, to recover the amount. Service being made the defendant ultimately appeared and pleaded the general issue. Both parties being present they waived a jury, and agreed that the issues of fact should be tried and determined by the court without the intervention of a jury.