HARPER v. BAILEY, 2 Del. Cas. 216 (1804)

Rodney’s Notes

Court of Common Pleas of Delaware, Kent County.
May 17, 1804.

Case. On the Act about departers out of the government [1 Del. Laws 187]. To recover damages. Declaration, bond from Abraham Reynolds [for] $112 to plaintiffs.

Hall, Ridgely [for plaintiffs]. Rodney, Bayard [for defendant].

Hall. Doug. 89, 90, a witness in the E. Indies. This case produced by plaintiffs’ attorney in support of the admission of the bond, by proving the handwriting of the witness, French Battle, who is resident here and a few days past left this town on a visit.

The Court.

The proof is not sufficient, and the plaintiffs, being called, suffered a nonsuit.