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Bassett, C. J. The letter is the cause of action. The plaintiff goes for the sum mentioned in it, viz £100, and waives the rest of his claim. See Esp.N.P. 143. The probate should have been produced, because we have no other evidence of a cause of action.
Rodney, J., concurred. Johns, J., gave no opinion, having been of counsel in the case.
Enter nonsuit.
The plaintiff’s counsel prayed a bill of exceptions which was signed by the Court.
Document Info
Judges: Bassett
Filed Date: 12/15/1797
Precedential Status: Precedential
Modified Date: 11/3/2024