Jones v. Le Tombe , 1 L. Ed. 647 ( 1798 )

3 U.S. 384 (____) 3 Dall. 384

JONES, Indorsee,
versus
LE TOMBE.

Supreme Court of United States.

At the opening of the Term, Dallas and Du Ponceau had obtained a rule, that the Plaintiff shew his cause of action, and why the Defendant should not be discharged on filing a common appearance; and now Ingerfoll and E. Tilghman shewed cause, produced the bills of exchange, and the Plaintiff's positive affidavit of a subsisting debt, including a declaration.

The Counsel for the Defendant were stopped when they rose to reply; and THE COURT were unanimously and clearly of opinion, that the contract was made on account of the government; that the credit was given to it as an official engagement; and that, therefore, there was no cause of action against the present Defendant.

The rule was, accordingly, made absolute; and the Plaintiff soon afterwards discontinued the action.