Great Barrington Oct 5 1823
In the action Grotius Bloss vs Augustus Tobey on which a verdict was rendered at the last Term of the S[upreme] J[udicial] C[ourt] in Berkshire & a motion made in arrest of judgment, I have just been told that a written argument was expected of me as counsel for the pl[aintif]f immediately. 2 I have not [had] time since I learnt this to prepare one, and as the cause is an important one to my client on account of the magnitude of the Bill of Cost, and several questions of some nicety are involved in it I hope that a little time will be indulged us, and as soon as may be, Mr. Jarvis & myself will transmit written arguments.
At the time the motion in arrest of judgment was made which was immediately before the close of the session I was absent and the associate counsel in the haste of the moment & without time for deliberation moved to take judgment on the first & seventh counts. I am at present rather inclined to think that these are not the best in the declaration, particularly the former.-- The reason why an earlier election was not made will be understood from the following circumstances. Mr. Jarvis at the time the verdict was rendered recommended to me to look over the declaration and select such counts as I thought most proper to receive the verdict on-- The Judge informed us that we had a right to receive the verdict on any of the counts as it was a general one--but went on to say that he did not see why we were not safe enough in taking a general verdict--adding however that we must "judge for ourselves." --In consequence of this intimation, I did not request that opportunity of examining the several counts which without doubt would have been allowed us and a general verdict was entered.--
Under these circumstances I am not without hopes that the court will suffer us to amend our motion,--particularly as the other party cannot in any manner be prejudiced by it.
As soon as I can consult Mr. Jarvis I will forward the amended motion for the consideration of the Court.--
I remain Sir
very respectfully yrs.
WM C. BRYANT--
MANUSCRIPT: NYPL-GR (draft) ADDRESS: Hon Isaac Parker.