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THE PRESIDENT, DIRECTORS, AND COMPANY OF THE BANK OF THE UNITED STATES, PLAINTIFFS IN ERROR, v. HENRY K. Moss

January 1, 1848

THE PRESIDENT, DIRECTORS, AND COMPANY OF THE BANK OF THE UNITED STATES, PLAINTIFFS IN ERROR,
v.
HENRY K. MOSS, WILLIAM H. SHELTON, ROBERT A. PATRICK, AND CHARLES LYNCH, DEFENDANTS.



THIS case was brought up, by writ of error, from the Circuit Court of the United States for the Southern District of Mississippi.

In 1838, the two following notes were executed, viz.:––

$10,715 53/100.

Brandon, March 17th, 1838.

Nine months after 1st April, 1838, we, or either of us, promise to pay to Briggs, Lacoste, & Co., or order, for value received, ten thousand seven hundred and fifteen 53/100 dollars, payable and negotiable at the Commercial Bank in Natchez.

H. K. Moss,

W. H. SHELTON, Sec'ty.

R. A. PATRICK,

CHARLES LYNCH.

Indorsed, 'Briggs, Lacoste, & Co.'

$10,876 92/100.

Brandon, March 17th, 1838.

Eleven months after 1st April, 1838, we, or either of us, promise to pay to Briggs, Lacoste & Co., or order, for value received, ten thousand eight hundred and seventy-six 92/100 dollars, payable and negotiable at the Commercial Bank in Natchez.

(Signed) H. K. Moss,

W. H. SHELTON, Sec'ty.

R. A. PATRICK,

CHARLES LYNCH.

Indorsed, 'Briggs, Lacoste, & Co.'

In March, 1840, the Bank of the United States brought suit, in the Circuit Court of the United States for the Southern District of Mississippi, against Henry K. Moss, William H. Shelton, Robert A. Patrick, Charles Lynch, and Charles A. Lacoste. On the same day, a declaration was filed, consisting of five counts, in which all the defendants were averred to be citizens of Mississippi. The first two counts were upon the notes, each count being upon one note. In the first count, the indorsement is thus averred:–'And the said Charles A. Lacoste, together with Charles Briggs and Louis Hermann, who are not sued in this action, not being citizens of this State, by the name and style of Briggs, Lacoste, & Co., being partners in trade, using the name and style of Briggs, Lacoste, & Co., to whom or to whose order the payment of the sum of money in the said note,' &c.; and in the second count, upon the other note, it is thus stated:–'And then and there delivered the same to said Briggs, Lacoste, & Co.; and the said Briggs, Lacoste, & Co, of which firm the said defendant, Charles A. Lacoste, is a partner, the rest not being citizens of this State, to whom or to whose order the payment of the sum of money in the said note specified was by the same to be made, after the making of the said note, and before the payment of the said sum of money therein specified, to wit, on the day and year last aforesaid, and at the district aforesaid, indorsed the same note in writing, by the name of Briggs, Lacoste, & Co.,' &c.

The other three counts in the declaration were the common money counts.

The defendants all appeared, and pleaded the general issue.

At November term, 1841, on motion of the plaintiffs' attorney, the suit was discontinued as to Lacoste, and a jury, being impanelled, found a verdict for the plaintiffs, assessing the damages at $26,485.66, for which sum judgment was entered up.

At May term, 1841, the defendants, by their counsel, moved the court to set aside the verdict and judgment rendered in the cause, because the court had not jurisdiction, which motion was sustained. The verdict and judgment were set aside, and the case dismissed for want of jurisdiction, to which decision the plaintiffs filed the following bill of exceptions.

'Be it remembered, that at the present term of this court, the defendants in the above case came into court and moved the court to set aside the verdict and judgment in this case rendered at the last term of this court, and to dismiss the suit for want of jurisdiction of the court; which motion is in the words and figures following:–'The defendants by their attorney move the court to set aside the verdict and judgment rendered in this cause, and to dismiss the suit, because the court had not jurisdiction of the cause.' And thereupon came the plaintiffs and objected to said motion, but the court, without any evidence other than the record in said cause, sustained the said defendants' motion, and ordered said verdict and judgment rendered in this case at the last term of this court to be set aside, and the suit dismissed; to which opinion of the court in sustaining said motion, and setting aside said ...


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