Page:Federal Reporter, 1st Series, Volume 3.djvu/632

 DNITED BTATES ». WBEDOÎI. 625 �by the comptroUer of the treasury; and also offered in evi- dence the written orders signed by Weedon for the stamps furnished, and Weedon's receipts for them. Each of said orders is in the words foUowing, or words to the same effect ; "Please send $3,000 worth of one-cent stamps of my private die, Mo. Match Co. EespeetfuUy, James H. Weedon." And the receipts for the stamps are in the -words following, or words to like effect, which will not vary the question to be deeided here: "Your letter of September 21, 1872, bas been reeeived. I am also in receipt of the United States internai revenue stamps therein referred to, amounting to $3,300, in satisfaction of my order under date of Septeniber 18, 1872. I am, very respectfully, [eigned,] James H. Wheedôn. To Commissioner of Internai Eevenue, Washington, D. G." �The defendants, to support the issue on their part, offered in evidence an aeeount sent to the defendant Weedon from the treasury department, charging him with a like amount of stamps, calling him in the account James H. Weedon, match manufacturerj internai revenue stamp agent. It was further fihown by defendants that, at the date of the bond, and dur- ing ail the time he reeeived stamps, Weedon was a member of the firm of Weedon, Armistead & Co., and did no business as a match manufacturer except as a member of the firm, and that the stamps ordered and reeeived by him were used by that firm. It was in proof, also, that at the time of the exe- cution of the bond in suit ail the sureties thereto knew that he 80 carried on the business of match manufacturer as a member of the firm of Weedon, Armistead & Co. �These are ail the facts necessary to determine the question raised by the instructions of the district court. The defend- ants prayed the court to instruct the jury asfollows: "If the jury believe, from the evidence, that the defendant Weedon, at the time of the execution of the bond sued upon, and thenceforward, down to the time of the last delivery of stamps given in evidence, was a member of the firm of Wee- don, Armistead & Co., who were manufaoturers of matches, and that said Weedon, except as a member of said firm, and in conjunction with bis partner, John I. Armistead, was not �7.3,no.ll— 40 ����