by John Marshall Harlan

“ So clearly, in our judgment, does the evidence show that this was the only contract between the parties to this suit that a verdict based upon any other view ought to have been set aside. Giving the defendant the benefit of every inference that could have been fairly drawn from the evidence, written and oral, it was insufficient to authorize a verdict in his favor. ”

“ Marshall was aware of the extent of that obligation, and took from Hubbard the writing of May 23, 1874, which recites that Hubbard had sold and assigned to him 'all his right, title, and interest in and to a certain contract executed and entered into by and between the said Stephen Hubbard, Nicholas Gillen, and Hugh Monroe, which said contract is dated twenty-third of May, 1873,' Hubbard reserving the right to enforce the covenants contained in that contract in his own interest and behalf in case of default in the payment of either of the notes executed by Marshall to him. ”