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MERCHANTS' BANK v. STATE BANK

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77 U.S. 604 (1871)

10 Wall. 604

19 L.Ed. 1008

MERCHANTS' BANK, v. STATE BANK.

Supreme Court of United States.

January 30, 1871.

Attorney(s) appearing for the Case

Messrs. S. Bartlett, J.G. Abbott, and W.M. Evarls, for the plaintiff in error:

Messrs. B.R. Curtis, C.B. Goodrich, and B.F. Thomas, contra, and in support of the ruling below:

Mr. Justice SWAYNE delivered the opinion of the court.

This is a writ of error to the Circuit Court of the United States for the District of Massachusetts. The plaintiff in error was the plaintiff in the court below. It appears, by the bill of exceptions, that upon the evidence in behalf of the plaintiff being closed, the defendant's counsel moved the court to instruct the jury that it was not sufficient to warrant them to...

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