MARSHALL, Ch. J. delivered the opinion of the court to the following effect:
In this case the whole evidence is spread upon the record by the bill of exceptions, and the Court below refused to instruct the jury (as requested by the Defendant) that it was not sufficient in law to enable the Plaintiff to recover in this action.
If the Court ought to have given this instruction, their refusal is certainly error.
The evidence shows that a note was given...
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