Coleman v. Lyne's
Court of Appeals of Virginia
This was an appeal from the Chancery Court of Lynch-burg, where Coleman filed his bill against Henry Lyne, which was afterwards revived against bis two executors. The subpoena to revive was served on both executors; but only one of them answered, and the suit was ordered to stand revived against both. All the circumstances are so fully stated in the following opinion, and the arguments of counsel so fully considered, that no other report is necessary.
1Opinion of the Court
Judge Carr
delivered his opinion.
The following is a brief history of this case: In 1805, the plaintiff filed his bill stating a partnership for the sale of goods, between himself and Henry Lyne, and filing the articles of agreement by which it was constituted. These bear date in November, 1785; and after stating the terms and nature of the trade, add that it was a small trial made by the parties: that they would keep up a regular correspondence, settle accounts spring and fall, and decline or continue the connection as it should be found advantageous or otherwise. The bill states a settlement…
2Cases cited2 opinions
- Ray v. BogartNew York Supreme Court · 1800
- Ellison v. MoffattNew York Court of Chancery · 1814
3Cited by16 opinions
- Richardson v. DonehooWest Virginia Supreme Court · 1880
- Clinch River Mineral Co. v. HarrisonSupreme Court of Virginia · 1895
- Campbell v. LynchWest Virginia Supreme Court · 1873
- Speidell v. HenriciDistrict Court, W.D. Pennsylvania · 1883
- Clark v. JonesSupreme Court of Alabama · 1867
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