Page:United States Reports, Volume 2.djvu/157

 ' Swarm Couar or Pemwlwnio. - r gr _ Wilma}: now moved to fet aEde the non·fuit, and to permit g 792. ' the caufe tohe tried, on an alhdavit of Evan Owen, in which vvv { it was fet forth, that the deponent was, in fa&, landlord of i the premifes in difpute, and co¤du&ed the defence ; that he ‘ had no notice of thc trial ; that he had been obliged to attend the argument of mother caufe at Pbiludeqbib, about the fame time ; and that he did not previoully know of the holding of a Court of Nj Prius- in Northumberland. But, _ Br Frm: Count:-Notice of trial was given to thedefen- dant in the canfe ; and the non-fuit has been regularly entered. It was not neceifary to give notice to Evan Owen : For, where- ver a landlord means to take defence, he ought to make him- felf a party on the record. · The rule rcfufed. ‘ Mdftb TCIID, 1792. •1··¤ ”** Ban verjur C1mo.* ‘ _ /10 THE circumltances of this cafe were as follow: Ibm). Bank, of Wrgixrb, wiihing to remit a fum of money to zum: Burr, the plaintiff, requeiled the defendant (then in irginio, and to whom Bank: was alfo indebted, in partner- _ {hip with Preejbn Bowdoin) to take a charge of an order for {Soo on Men/P {9* Caldwell, of Philadelphia, upon the terms pcciiied in the fubjoincd receipt, which the defendant gave ’ upon the occalionr _ . - “ Received, Richmond, zrltfjanuary, 1783, of Horny Bank: “ an order of Daniel ClarLe,E q. on Me¤¢· E9' Caldwell, for ·` “ the fum of {Soo Virginia currency, on an infurance policy •• of the fchooner General Waym; which I promife to rctum “ him in ten weeks, or to account with P•·e¢nz Boudoin, for “ one half, and fume: Barr of Pbiladeqaloia, for the other." Si ned, ** fame: Craig, Sen’r." By virtue of this order the defendant, on the 4th of june, l784,_received {771 7 o ; and the prefcntaélion was brought to '* Nisi Prius, before the Cater jvsrrcc, Smrrsu anrl Bnsnroru, §’u.i·¢ice:, ` _·

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