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Page:United States Reports, Volume 2.djvu/61

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Pbihéhbia Coeur or Common Pun:. gg { fendant anfwerable, would be alike wanting in either cafe. ,79,;, F There feems no difference in point of faimefs, between the ` defendant’e receiving the undera judgment of coun, l without fraud or eollulion, and receiving it from the hamh of Faircbdd himfelf. If Fnirekld hadreceived the money on tltefe notes himfelf, and paid it voluntarily to Array, it could 2 not he pretended that the plaintiih, although the money ought to have been paid tothem, could have any recourlb todrury; for, if it might be the fubjeft of eontrpverfy when a mn ee- eeires a debt, whether the debtor yo it out of hie own money or auother’s, who would e be {af? in receiving money? The nature of money, and the nature of commerce, forbid fueh an enquiry. The payment by Saito, the_agent of Faircbdd, was in edict a payment by Fairchild 3. and its being made in. confe- qucuce of a judgment of court, could, at leail, not weaken the defeudant’s right of receiving it. i . For thefe realbns, we are of opinion, that theprefent aétion. is not fupportable againlt Amery, and eonfequcntly that- the vcrdi£t was againll; law. The motion for a new trial is there- fore granted} “ Cowrenrnwnre, 1·¢rfu.r Jonas, et. ul. ’ MOTION for anew trial having been made and ar- #·Y ` A guedin this caufe, the Pnesruewr now delivered the ' _ opinion of the`Conrt, in the following terms. Rb · Snumau, Pryfdmt :—The motion fora new trial in this [gg · caufe has been made on feveral grounds :—ril. Becaufe the - jury have milbehaved, in adopting animproper mode of eitimat- A ing the damages.; by fetting down each the parwlular fum he ` thought jult, and then dividing the aggregate by t e number of jnrymcn. zd. Becaufe the damages are faid to be exceilive. gd. Becaufe the verdiél: was contrary to the evidence. And, 4th. Bceaufe it was founded on a millake in point of law ; the jury fuplpoling that, on payment of the damages, the Ncgru,‘ . {whofe reedom was in qnellion) would be emancipated. New trials are frequently neceflinry, for the purpole of attain- ing complete jultice ; but the important right of trial by jury requires they llwuld never be granted without folid and fuhllan- tial reafons; otherwife the province of 'urymen might be often transferred to the judges, and {boy inllead of the jury, would become " In confequence of this dccilion, the eanfe was removed into the Supreme. Cotrrt, where the principles contained in judge