Stebbins & Lawson v. Bruce
Supreme Court of Virginia
Error to judgment of circuit court of Halifax county, rendered April 7th, 1882, in an action of debt wherein Stebbins & Lawson, assignees of Thomas Bruce, .were pláintiffs, and Alexander Bruce was defendant.
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Error to judgment of circuit court of Halifax county, rendered April 7th, 1882, in an action of debt wherein Stebbins & Lawson, assignees of Thomas Bruce, .were pláintiffs, and Alexander Bruce was defendant. The action was founded on a bond dated January 9th, 1878, executed by the defendant, for $1,500, payable two years after its date, to Thomas Bruce, and by him assigned, 17th January, 1878, to. the plaintiffs, for a certain sum, part paid in cash and for balance note giren at four months. By transactions between Thomas and Alexander Bruce, on 10th February, 1878, the liability on the bond…
1Opinion of the Court
Lewis, P.,
delivered, the opinion of the court.
It is the settled law of this state that the assignee of any bond, note or writing, not negotiable, stands in the shoes of the assignor; or, in other words, the assignment is subject to all the equities of the debtor against the assignor until notice of the assignment. Code 1873, ch. 141, sec. 17; Norton v. Rose, 2 Wash. 233; Feazle v. Dillard, 5 Leigh, 30; Etheridge v. Parker, 76 Va. 247. When, however, after notice of the assignment, the debtor promises the assignee to pay the debt, or by his conduct induces him to believe that he will, under…
2Cases cited6 opinions
- Banner v. MayWashington Supreme Court · 1891
- Gordon v. RixeySupreme Court of Virginia · 1882
- Garland v. RichesonCourt of Appeals of Virginia · 1826
- Stewart v. AndersonSupreme Court of the United States · 1810
- Etheridge's Adm'r v. Parker & WifeSupreme Court of Virginia · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bates v. SwigerWest Virginia Supreme Court · 1895
- Porter v. YoungSupreme Court of Virginia · 1888
- National Bank & Trust Company v. CastleSupreme Court of Virginia · 1955
- County School Board v. First National BankSupreme Court of Virginia · 1933
- Sutton Co. v. Wise Contracting Co.Supreme Court of Virginia · 1956
8 more not listed; retrieve them via the Exa API.