U.S. Circuit Court for the Dis...1808Check Treatment
THE COURT(DUCKETT, Circuit Judge, absent)
was of opinion that the former recovery maj' be given in evidence on nil debet, and that parol evidence may be given to show, that although the action was indebita-tus assumpsit for goods sold and delivered, the judgment was really confessed for and upon the notes, and that this parol evidence was not contradictory to the record.
The plaintiff became nonsuit, with leave to move to reinstate.
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