John McLean

“ The proof on the record is sufficient to show, that John R. Hicks was the agent of Downey at the time of the settlement in 1839, but the subsequent reception of the certificate from Dr. John Hicks, by Downey, was an ample satisfaction of all he had done, even if he had no power to make the settlement in the first instance, and equivalent to an original authority. ”

“ That if the jury believe, from the evidence, that Hicks & Arnold or Hicks, after the maturity of the certificate, admitted their liability to make it good, such admission is evidence that the certificate was not taken as payment absolutely, but as conditional payment only, and that they had notice of all the facts necessary to hold them responsible.
The court charged the jury that 'an agent is bound to act in accordance with his authority, to make his acts binding on his principal. ”

“ There is no evidence of the execution of the release at all. The witness says, 'I have a release,' which I annex. He does not swear to the execution, or the handwriting, or the acknowledgment of it. Suppose it a forgery, how could he be indicted for perjury?
Another bill of exceptions, is to the admission by the Judge, of A. W. Brien as a witness for the defendant. Brien, in his voir dire, stated that he was the husband of a daughter of Sarah Curan, to whom, by the will of defendant's testator, a legacy was given ”

“ The matter in controversy was the note stated and the hire of the negroes, the amount claimed for which, was stated in an account; and on both these the jury found for the defendant, on the issues joined. We think this was sufficient.
Andrew Arnold, a copartner of the testator, was offered as a witness, and being objected to on the ground of interest, a release was given in evidence, which, on its face, appeared to be duly executed; on which the witness was sworn. Objection is made that the execution of the release was not proved. ”

“ Whether it was accepted in satisfaction, was a question for the jury. 15 S. & R. 162; 9 J. R. 310.
5. The rulings of the court, it is submitted, were correct. It will be seen that the questions are not leading, if he apply to them the test which the rules of evidence establishes as a criterion. Greenleaf's Ev. § 434.
It will be admitted that several of the instructions, asked for by plaintiff, did not apply to the proof in the record, especially the first. It is submitted that the instructions given covered every legal proposition asked for by the plaintiffs. ”

“ Mr. Justice DANIEL and Mr. Justice GRIER dissented.
This cause came on to be heard on the transcript of the record from the Circuit Court of the United States for the Southern District of Mississippi, and was argued by counsel. On consideration whereof, it is now here ordered and adjudged, by this court, that the judgment of the said Circuit Court in this cause be, and the same is hereby, reversed with costs, and that this cause be, and the same is hereby, remanded to the said Circuit Court, with directions to award a venire facias de novo. ”