Montgomery Bell v. Taylor

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THIS was a writ of error to the seventh Circuit Court of the United States, for the district of Kentucky, sued out by the plaintiff below; and the case was presented for the consideration of this Court, upon a bill of exceptions, taken by the plaintiff in error.

An action of assumpsit was instituted against Charles Wilkins, Jonathan Taylor, James Morrison, Anthony Butler, and Isaac White, in 1823. The defendants, on the first of March 1810, by articles of agreement, under their respective hands and seals, entered into a partnership, for the purpose of manufacturing and vending salt, at Saline, near the Wabash, in the then Illinois Territory, under the firm of Jonathan Taylor & Co.; and the object of this suit is the recovery of about twenty thousand dollars, claimed to be due on the sale and delivery of castings, to that value or amount. The evidence of the sale and delivery of the articles, and of their value, was complete; and the questions which were presented to the Court, by the record, were:-1st. Upon the decision of the Circuit Court, against the admission of a deposition, which had been intended to be taken in conformity with the provisions of the Act of Congress of the 24th September 1789, ch. 20, and in reference to the taking of which were was in all respects a compliance with the directions of the Act, with the exception, that the deposition was not certified to have been reduced to writing by the magistrate, or by the deponent in his presence; and,

2d. On the exclusion of certain testimony, and the validity of the plea of the statute of limitations, upon which plea the decision of the Court having been in favour of the defendants, a verdict and judgment was rendered for them.

All the facts considered as proved in the case, and also the written and documentary testimony essential to a full understanding of the case are stated at length in the opinion of the Court, delivered by Mr. Justice Story.