Bill of exceptions in Gillet v. Bedinger survivor of Bedinger

Bill of exceptions in Gillet v. Bedinger survivor of Bedinger

Judge David Davis signs a bill of exceptions presented by the plaintiff in preparation for an appeal in the case of Gillet v. Bedinger.

Davis, David

Abraham Lincoln Presidential Library and Museum

1855

pdf

en

300243

T1855-MISC-2

John Gillet

v

William Bedsinger Survivor of Geo Bedsinger

on appeal

Bet it remembered that this cause comeing on for trial and the parties waiving a trial by jury and submitting to the Court the trial of said Cause the plaintiff offered the following note in evidence (copy note and indorsments). and rested his case, the defendant then proved that there was no indorsment on said note until after the same became due, and offered the following note in evidence in words and figures as follows (copy note & indorsments copy assignments also signed Danl Gambrel.) to the introduction of which the plaintiff then and there objected for the reason that the same was not a legal set off which objection the Court did not sustain but admitted the same in evidence, to which plaintiff then and there excepted, the defendant also offered copy of mortgage by Danl Gambrel to Hannah Lannaham in which the last mentioned note is described, which mortgage was entered satisfied March 28th 1853.* (over)

The plaintiff then proved that the note sued on was sold and delivered to him before the maturity of the same and that the payee sold and transfered the note to witness before it became due, that it was intended that the note should be indorsed at the time of transfer and delivery but that it was neglected and not done. The plaintiff also proved that he was the purchaser of

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the note before it became due and at the time of his purchase he had no notice of any offset against said note. plaintiff further gave the following evidence, that defendant stated in conversation with witness and others that Hannah Lanham had brought back the money as witness remembered one hundred and ten dollars and if she had not done so he defendant would have punished her for it. at the same time defendant spoke of Daniel Gambrel a note, and a mortgage, the plaintiff gave the receipt in words and figures as follows in evidence, (copy receipt) and proved the payment of the money as stated in the receipt, which the court allowed. The foregoing being all the evidence in this case the Court gave judgement for plaintiff for $34.32/100. plaintiff moved for new trial which motion was overruled and plaintiff then and there excepted, and prayed the Court to sign and seal the foregoing bill of exceptions.

David Davis

Complete

100

20

paper and ink

2 p

32 x 21 cm