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THOMPSON V. JAMESON, 5 U. S. 282 (1803)

U.S. Supreme Court

Thompson v. Jameson, 5 U.S. 1 Cranch 282 282 (1803)

Thompson v. Jameson

5 U.S. (1 Cranch) 282




An action for a certain sum stated in the declaration to be the amount of a decree obtained by the plaintiff cannot be supported by evidence of a decree for the same sum with interest from a certain day to the day of passing the decree.

Page 5 U. S. 283

The plaintiff instituted a suit in the circuit court upon a decree of the Court of Fairfax County Virginia, and in the declaration the decree was stated to have been rendered for the sum of 860 12s. 1d. sterling, of the value of 1,032. 14s. 6d. Virginia currency, equal to $3,442.52.

The plaintiff gave in evidence a decree of the Court of Fairfax County in his favor, for

"860. 12s. 1d. sterling, to be settled in Virginia currency at the rate of twenty percent exchange, together with interest on the same, at the rate of five percent per annum, from 8 May, 1795, until the day of pronouncing the said decree. . . ."

In the arguments of counsel various exceptions to the record were stated and discussed, but no opinion was given upon any of them but that which presented the variance between the declaration and the evidence.

Page 5 U. S. 290

The Court considered the variance fatal, and reversed the judgment of the circuit court.

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