Duncan v. Carson
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Culpeper county, in a proceeding by motion for a judgment for money. Judgment for plaintiff. Defendant assigns error.
1Opinion of the CourtBurks, J.
This was a proceeding by motion for a judgment on three negotiable notes aggregating $5,000, made by E. P. Duncan and held by J. Preston Carson. The notes were not paid at maturity, and Carson brought this motion and obtained the judgment to which this writ of error was awarded.
At the hearing the plaintiff called upon the defendant for a statement of his grounds of defense, which were furnished in writing. Two days later the defendant filed a special plea, setting up the breach of the collateral agreement hereinafter set forth for the repurchase of the stock at an advance, within eleven…
2Cases cited21 opinions
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