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Cowperthwaite, versus Jones, et al. U.S. 55 (1790)

handle is hein.slavery/ussccases0063 and id is 1 raw text is: PhuI ldeVWa Cou RT o CoMMot1 1'AStS fendant anfwerable, would be alike wanting in either cafe. 1 79. 'There feems no difference in point of fairnefs, between' the toy- defendant's receiving the money under a judgment of court,, without fraud or collufion, and his receiving.it from the hands of Fairchild himfelf. If Fairchild had received the money on thefe notes himfelf, and paid it voluntarily to Amory, it could not be pretended that the plaintiffs, although the money ought to have been paid to them, could have any recourfe to Imory ; for, if-it might be the fubje& of controverfy when a man re- -ceives a debt, whether the debtor pays it out of his own money or another's, who would be fafe in receiving money ? The nature of money, and the nature of commerce, forbid fuch an enquiry. The payment by Smith, the agent of Fairchild, was in effe& a payment by Fairchild; and its being made in confe- quence of a judgment of court, could, at leaft, not weaken the defendant's right of receiving it. For thefe reafons, we are of opinion, that the prefent aaion is not fupportable againft Amry, and confequently that the verdi& was againft law. The motion for a new trial is there. Lore granted.* COWPERTHW&iTE, verfus JoNEs, et. al. A MOTION for a new trial having been made and ari A gued in this caufe, the PRESIDENT now delivered the 'opinion of the Court, in the following terms. SHIPPEN, Prefident :-The motion for a new trial in thio caufe has,been made on feveral grounds :-it. Bec.ufe the jury have mifbehaved, in adopting an improfer mode of eftimat- ing the damagei ; by fetting down each- the particular fum be thoughtjuf t, and then dividing the aggregate by the number of jurymen. 2d. Becaufe the damages are faid to be exceffive. 3d. Becaufe the verdi& was ccntrary to the evidence. And, 4th. Becaufe it was founded on a miftake in point of law ; the ury fuppofing that, on paymeift of the damages, the Negro, (whofe freedom was in queftion) would be emancipated. New trials are frequently neceffary, for the purpofe of attain- ing complete juftice ; but the important right of trial by jury requires they fhould never be granted without folid and fubftan- tial reafons ; otherwife the province of jurymen might be oftert 4ransferred to the judges, and thy infead of the jury, would become In conrequence of this decifion, the caure was removed inte the Supreme- Court, where the principles- contained in Judge, Buw.'sr opiiuiov# were alfo recognized and cfkablifhed. See ps$,.

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