Peter Vivian Daniel

“ No witness had proved so much as the existence of any particular writing whatsoever; much less, that of an obligation payable to the plaintiff, and in his own interest and behalf How, then, could the jury, with any propriety, be directed to presume, not only the existence of such an obligation, but also its discharge; and in addition to these facts, its actual surrender to, and destruction by, the defendant's intestate ”

“ The defendant in error instituted an action of covenant, in the circuit court of the county of Washington, against Philip Roach, upon certain articles of covenant. Before the trial of the cause, the defendant died, and his administrator became the defendant in the suit, a verdict and judgment were rendered for the plaintiff, and the defendant prosecuted this writ of error. ”

“ The instruction it prays for purports to be founded upon the evidence contained in the former bill; and it asks, that if the jury shall believe, upon the evidence, that Philip Roach did execute and deliver to the plaintiff his negotiable note, payable on demand, then, &c. Now, in the evidence referred to, there is not one word contained relative to a negotiable note made and delivered by Philip Roach to the plaintiff, or to any other person. It would have been improper for the jury to have embraced in their contemplation or belief anything concerning a negotiable note ”