Moore v. Bank of Columbia

ERROR to the circuit court of the United States for the county of Washington, in the district of Columbia.

This was an action on a promissory note drawn by James Moore, the plaintiff in error, in favour of Gilbert Docker, and by him indorsed to the Bank of Columbia. The note was for five hundred dollars, dated April 25th, 1816, and payable sixty days after date.

The suit was commenced on the 14th of July 1825. It was originally instituted under the provisions of the charter granted to the Bank of Columbia, by filing a copy of the note in the office of the clerk of the circuit court for the district of Columbia, and an order to the clerk from the president of the bank; upon which a writ of fieri facias was issued to the marshal of the district, commanding him to levy on the goods of the drawer of the note, the amount thereof with interest and costs.

On the return of the marshal that he had levied on the goods of the defendant; he, the defendant, appeared in court and alleged that he had a good and legal defence to plead in bar to the claim of the plaintiffs in the execution. The case was placed on the docket for trial; and a declaration on the note having been filed, the defendant pleaded the statute of limitations, and issue was joined thereon. A verdict was rendered for the plaintiffs, and judgment entered by the court.

On the trial the following bill of exceptions was tendered by the defendant in the circuit court; and, under the special allowance of a writ of error by Mr Chief Justice Marshall, the case came before this court.