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Milligan, Administrator of Milligan v. Milledge & (and) Wife U.S. 220 (1805)

handle is hein.slavery/ussccases0045 and id is 1 raw text is: SUPREME COURT U, S.- MA1L74GJ MILLIGAN, ADMINISTRATOR OF MILLI. MILL.IGE GAN v, MILLEDG, & WIFE.* M DILL EDGE .. . . A plea in ERROR to the circuit. court for the district of bar to a bill in Georgia, in chancery sitting. chancery, de- nying only part of thp \ The object of the bill was to recover from the de. staterd facts fendants, as legatees and devisees of George Galphin, ta e d. in the ' i t bill, is not deceased, a debt due by him to the complainant s in, good. A mere testate, as surviving partner, of Clark and Milligan. enial of facts The bill - charges, that Clark, and Milligan were mer- is proper for chants in London; that Milligan survived Clark, and *1n answer, but not for a that the complainant is the administrator of Milligan, plea. the survivor; that in the year 1770, they supplied The want of George Galphin with goods; that in 1773, George proper'parties Is not a good Galphin requested them by letter to supply goods to plea, if the his three sons, Thomas, Georgeand John, his nephew bill sug ests David Holmes,, and John Parkinson, under the firnM that such par- of Galphin 4nd Holmes; that on the credit of G, ties are out of the jurisdic- Galphin, the elder, they shipped *goods, &c. to te tion of the said company. court. The want of proper parties That in 1776,G. Galphin, the elder, wrote to Clark is not suffi- and Milligan,-to furnish goods to the said company, at cient ground their store in Pensacola, and that he would see them for dissmissig te bilL paid ; that relying on the said engagement, they ship- ped further goods to the said company at Pensacola1 and on the 31st of December, 1780, G. Galphin, the elder; owed, sterling. For himself, £1,120 1 9 For Galphin', Holmes & Co, 1,29Q 5 3 And, Jan. 1, 1784, for the Pensacola firm, 3,959 15 9 al Qf, which is now due and unpaid. *Present, Marshall, Ch. J. Chisng, Pateriop and Washbigton, .3Justices. This cause was.called for argument on the 2d of March, but the counsel not having prepared statements of the points for the cpurt; agr eably to the rule, the court refused then to hear It.

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