Billgerry v. Branch & Sons
Supreme Court of Virginia
This was an action of assumpsit in the Circuit court of the city of Richmond, brought in October 1866, by Joseph Billgerry against Thos. Branch & Sons, brokers.
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This was an action of assumpsit in the Circuit court of the city of Richmond, brought in October 1866, by Joseph Billgerry against Thos. Branch & Sons, brokers. The object of the suit was to recover from Branch & Sons the amount of three bills or checks drawn on the 26th day of August 1862, by the Farmers Bank of Va. at Richmond, upon the New Orleans Canal and Banking Company, at New Orleans, payable to John Enders or order,' each for the sum of two thousand dollars. *These checks were endorsed in blank by Enders, and on the 20th of February 1863, they were endorsed by Thomas Branch & Sons…
1Opinion of the CourtRives, J.
It does not seem material to consider or settle the question of pleading raised by the demurrers to the original and amended declarations in this case. The common counts in indebitatus assumpsit, which were sustained, would have sufficed to sustain a recovery under *the authority of Bank of U. S. v. Jackson’s adm’x, 9 Leigh 221. The contract was one. of privitjr between these parties, and sprung out of the payment of money by one to the other. Had the case been submitted to a jury, it would have conduced to a clearer development of the issue, if the plaintiff had been allowed to count…
2Cases cited3 opinions
- Hanger v. AbbottSupreme Court of the United States · 1868
- Hopkirk v. PageU.S. Circuit Court for the District of Eastern Virginia · 1822
- Wood v. LuttrelCourt of Appeals of Virginia · 1798
3Cited by5 opinions
- McVeigh v. Bank of Old DominionSupreme Court of Virginia · 1875
- Small's adm'r v. Lumpkin's ex'xSupreme Court of Virginia · 1877
- Farmers Bank v. Gunnell's adm'xSupreme Court of Virginia · 1875
- Archer v. WardSupreme Court of Virginia · 1853
- Walker v. BeauchlerSupreme Court of Virginia · 1876