Articles Tagged: Bayard’s Notebook

Bayard’s Notebook, 131.[*] STATE v. TURNER. Supreme Court of Delaware, Sussex County. March, 1796. [*] This case is also reported in Wilson’s Red Book, 109. A juryman called to the Book was descended from the same common great grandfather with the prosecutor and had married the widow of the prosecutor’s brother. Upon an objection to […]

Bayard’s Notebook, 148.[*] WRIGHT v. SCOTTEN. High Court of Errors and Appeals of Delaware. August 4, 1796. [*] This case is also reported in Wilson’s Red Book, 111. Present: KILLEN, Chancellor. READ, Chief Justice of the Supreme Court. BASSETT, Chief Justice of the Common Pleas. CLAYTON, JOHNS, and RODNEY, Justices. There were cross appeals in […]

Bayard’s Notebook, 134 LONG’S ADMINISTRATOR v. SPEAR. Court of Common Pleas of Delaware, Sussex County. April, 1796. After the jury were sworn, Wilson moved to amend the declaration by striking out the date of a judgment recited in it and inserting a new date, and cited the Statute of Jeofails 16 17 Car. II, c. […]

Bayard’s Notebook, 158.[*] HORSEY’S EXECUTORS v. MOOR.[1] Supreme Court of Delaware, Sussex County. October, 1796. [*] This case is also reported in Wilson’s Red Book, 147. [1] In the account of this case in Wilson’s Red Book, the name is spelled “Moore.” Page 410 The condition was “that the defendant at the request of Horsey […]

Bayard’s Notebook, 97 CARSON v. LEWIS. Court of Common Pleas of Delaware, New Castle County. May, 1795. A bond which had been given by plaintiff to defendant was given in evidence, and the plaintiff was proceeding to show the consideration of it. Johns, for defendant, objected that the consideration of a bond could not be […]

Bayard’s Notebook, 190.[*] FIELD v. TURNER. Court of Common Pleas of Delaware, Sussex County. May, 1797. [*] This case is also reported in Wilson’s Red Book, 170. The declaration in this cause stated that on the 6th May, A. D. 1785, the plaintiff sold to the defendant a lot of ground in Lewis town in […]

Bayard’s Notebook, 58 CLAY’S ADMINISTRATORS v. VANBEBBER’S ADMINISTRATOR. Supreme Court of Delaware, New Castle County. April, 1794. April Term, 1793. Defendant pleaded payment and discount. Plaintiffs replied non solvit and no such account. In this term, April 11, Levy and Read, counsel for the plaintiffs, obtained a “rule to show cause why the plaintiffs should […]

Bayard’s Notebook, 109.[*] BURTON’S LESSEE v. BURTON. Supreme Court of Delaware, Sussex County. October, 1795. [*] This case is also reported in Wilson’s Red Book, 76. The defendant’s counsel offered in evidence a paper purporting to be the copy of the last will of one Robert Snead. It was certified to be a true copy […]

Bayard’s Notebook, 173.[*] MOODY, Administrator of Sarah Moody, late Kirkpatrick, v. ISAAC ALEXANDER’S ADMINISTRATORS, d. b. n. Court of Common Pleas of Delaware, New Castle County. December, 1796. [*] This case is also reported in Rodney’s Notes, Dec. 14, 1796. Page 421 This action was founded upon a guardian bond given by Isaac Alexander, as […]

Bayard’s Notebook, 204.[*] VIRDIN’S ADMINISTRATOR v. POLK’S ADMINISTRATOR. Supreme Court of Delaware, Sussex County. October, 1797. [*] This case is also reported in Wilson’s Red Book, 141. The only question in this cause was as to the mode of computing interest on a bond where partial payments had been made. The plaintiff’s counsel contended that […]

Bayard’s Notebook, 138 BARKER, Assignee, v. REYNOLDS. Court of Common Pleas of Delaware, Kent County. May, 1796. Defendant proposed to prove by the testimony of John Wheler, a witness, that the assignment of the bond was as collateral security for a small debt and in trust. The evidence was opposed upon the ground that the […]

Bayard’s Notebook, 109 GALE and WIFE’S LESSEE v. HOUSTON. Supreme Court of Delaware, Sussex County. October, 1795. Hester Waters, having a good title to the lands in question, the latter end of the year 1784, being then under the age of twenty-one years, intermarried with Gale, the lessor of the plaintiff. Houston, the defendant, having […]

Bayard’s Notebook, 70 CLOUD v. DAVIS. Court of Common Pleas of Delaware, New Castle County. May, 1794. The plaintiff had a rule to take the deposition of John Harrison before any justice of the peace of Talbot County in the State of Maryland. Nothing was said in the rule about notice. Upon the trial, Harrison’s […]

Bayard’s Notebook, 50.[*] GILPIN v. GILPIN. Supreme Court of Delaware, New Castle County. October, 1793. [*] This case is also reported in Wilson’s Red Book, 14; Read’s Notebook, 16. Page 344 This was a writ of error upon a judgment in the Common Pleas. The judgment in the Common Pleas was upon an award in […]

Bayard’s Notebook, 227.[*] LUDENHAM v. RICHARDS’ EXECUTOR. Court of Common Pleas of Delaware, Sussex County. April, 1798.[1] [*] This case is also imported in Wilson’s Red Book, 101. [1] This case is dated 1798 by Bayard and follows in order the dates of the cases in this notebook, but the account of the case by […]

Bayard’s Notebook, 45[*] HARVEY v. HARVEY. Circuit Court of United States of Delaware, Dover County. October 27, 1793. [*] This case is also reported in Wilson’s Red Book, 12; Read’s Notebook, 14 Before PATERSON, one of the Judges of [the United States] Supreme Court, and BEDFORD, District Judge. The parties to this suit had, under […]

Bayard’s Notebook, 167.[*] STATE v. SMITH et al. Court of Quarter Sessions of Delaware, Kent County. December, 1796. [*] This case is also reported in Clayton’s Notebook, 4; Rodney’s Notes, Dec. 6, 1796. John Ralston proved that Sarah had been his slave and that he had manumitted her, and that the manumission was in writing. […]

Bayard’s Notebook, 202 JACOBS v. AYDLOTTE. Supreme Court of Delaware, Sussex County. October, 1797. It was objected that the only evidence of the property belonging to the plaintiff was that the plaintiff had made a verbal agreement with one Degrasse for the slave at a certain price; that the property was never delivered nor ever […]

Bayard’s Notebook, 137.[*] SYKES v. GOLDSBOROUGH’S EXECUTOR. Court of Common Pleas of Delaware, Kent County. May, 1796. [*] This case is also reported in Clayton’s Notebook, 15. The defendant pleaded in abatement that he was administrator and not executor. The plaintiff took issue upon the plea. Miller for defendant contended that the issue was triable […]

Bayard’s Notebook, 65 WHITE’S LESSEE v. McNATT. Supreme Court of Delaware, Kent County. August 8, 1794 (Adjourned). Among other points which arose in this cause upon a special verdict found by the jury, a question was made whether the plaintiff could recover upon a several demise made by the lessors who claimed as heirs and […]