RABORG v. PEYTON


15 U.S. 385 (1817)

2 Wheat. 385

RABORG et al. v. PEYTON.

Supreme Court of United States.

March 15, 1817.


Attorney(s) appearing for the Case

This cause was argued by Mr. Jones, for the plaintiffs in error, and by Mr. Taylor, for the defendant in error.


Mr. Justice STORY delivered the opinion of the court.

This is an action of debt brought against the defendant in error, as acceptor of a bill of exchange by the plaintiffs in error as endorsees. The declaration alleges that the bill was drawn, accepted, and endorsed, for value received. The only question is, whether debt lies in such a case.

The general principle has been very correctly stated by Lord Chief Baron Comyn, that debt lies upon every express contract...

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