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JONES v. TOMBE

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3 U.S. 384 (1798)

3 Dall. 384

1 L.Ed. 647

JONES, indorsee, v. LE TOMBE.

Supreme Court of United States.

February 9, 1798.

Attorney(s) appearing for the Case

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...

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