U.S. Circuit Court for the Dis...1802Check Treatment
KILTY, Chief Judge,
was of opinion that the evidence was applicable to that count. No account being filed, the words “as by a particular account,” &c., must be rejected as surplusage, and then the count will stand as a general indebitatus assumpsit “for sundry matters chargeable in account;” and money lent is a matter chargeable in account.
MARSHALL, Circuit Judge, and CRANCH, Circuit Judge, did not object
(Quaere as to this point.)
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