Richmond Enquirer Co. v. Robinson
Supreme Court of Virginia
In August 1866 R. M. and. Wm. W. Smith executed to Thomas Smith their bond for $5,000, with Wm. SSL. Watts, G. W. Gretter and R. H. Dibrell as their sureties.
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In August 1866 R. M. and. Wm. W. Smith executed to Thomas Smith their bond for $5,000, with Wm. SSL. Watts, G. W. Gretter and R. H. Dibrell as their sureties. The Smiths were the owners of the Richmond Enquirer establishment and publishers of that paper, and on the 13th of July, 1867, they sold out the establishment to a corporation known as the Richmond Publishing Company, for which said company, beside other considerations, was to pay to Smith & Son $5,000, with interest, in two years from the date. On the 15th of the same month Smith & Son assigned this claim of $5,000 to Watts, Gretter…
1Opinion of the CourtAnderson, J.
the court.
It is well settled that it is no ground for equitable interference that a party has not effectually availed himself of a defence at law. There are cases in which equity will relieve after verdict, although a defence might have been made at law; but only where there has been no fault or negligence on the part of the defendant or his agents. The rule, as laid down by Chancellor Kent in Foster v. Wood, 6 John. Ch. R., 89, is, “that chancery will not relieve against a judgment at law, on the ground of its *being contrary to equity, unless the defendant in judgment was ignorant of the…
2Cases cited21 opinions
- First National Bank of Wellsburg v. KimberlandsWest Virginia Supreme Court · 1880
- Sweeny v. Sugar Refining Co.West Virginia Supreme Court · 1887
- Muhleman v. National Insurance Co.West Virginia Supreme Court · 1873
- Hulings v. Hulings Lumber. Co.West Virginia Supreme Court · 1893
- Planters Bank of Farmville v. WhittleSupreme Court of Virginia · 1884
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