Callaway's ex'or v. Price's adm'r
Supreme Court of Virginia
This case was heard in Richmond but was decided at Wytheville. It was a creditors bill in the circuit court of the county of Franklin, brought in August, 1868, by James M. Callaway and Thomas Dudley, claiming to be creditors of Marshall P. Price, deceased, the first by a bond executed to him in January, 1858, by James M. W. Leftwich and Marshall P. Price, for $925, payable in twelve months, and the other by a bond for $3,000 executed in August, 1858, to Dudley, by said…
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This case was heard in Richmond but was decided at Wytheville. It was a creditors bill in the circuit court of the county of Franklin, brought in August, 1868, by James M. Callaway and Thomas Dudley, claiming to be creditors of Marshall P. Price, deceased, the first by a bond executed to him in January, 1858, by James M. W. Leftwich and Marshall P. Price, for $925, payable in twelve months, and the other by a bond for $3,000 executed in August, 1858, to Dudley, by said Leftwich and several other persons, among whom was said Marshall P. Price. The only questions in this cause was in relation…
1Opinion of the CourtStaples, J.
That Leftwieh was principal in the bond to Callaway, and Price merely his surety, does not, I think, admit of serious question. Leftwieh proves the fact, and he is not contradicted by any other witness. It is very true that upon cross-examination he says it is his impression that Price was surety merely; but I do not understand him as intending to qualify his previous positive statement to the same effect. Leftwieh of course well *5knew how the fact was, and his admission, .so manifestly against his interest, that he alone was principal, is entitled to great weight. Besides, his testimony is…
2Cases cited1 opinion
- Blair & Hoge v. WilsonSupreme Court of Virginia · 1877
3Cited by4 opinions
- Christian & Gunn v. KeenSupreme Court of Virginia · 1885
- Stuart v. LancasterSupreme Court of Virginia · 1888
- Davis' Administratrix v. DavisSupreme Court of Virginia · 1905
- Burson v. AndesSupreme Court of Virginia · 1887