Legal Opinion

Long v. Pence's Committee

Supreme Court of Virginia

Decided September 24, 1896PublishedCited by 14 opinions

Error to a judgment of the Circuit Court of Rockingham county, rendered October 16,1895j on a motion wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This was a proceeding by motion by an assignee against a remote assignor of a note which was conceded to be not negotiable, because it did not appear on its face to be payable at a bank in this State.

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Error to a judgment of the Circuit Court of Rockingham county, rendered October 16,1895j on a motion wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This was a proceeding by motion by an assignee against a remote assignor of a note which was conceded to be not negotiable, because it did not appear on its face to be payable at a bank in this State. The following is a copy of the note: “$1234.00. Harrisonburg, Va., March 8, 1892. Two years after date we promise to pay to Daniel S. Long or order, one thousand and two hundred and thirty-four…

1Opinion of the CourtRiely, J.

This case is before us upon a writ of error to a judgment rendered on a motion by the assignee of a promissory note-against a remote assignor.

It was contended that the law does not authorize the proceeding by motion in a case of this kind.

Sec. 3211 of the Code provides that “ any person entitled to recover money by action on any contract may, on motion before any court which would have jurisdiction in an action otherwise than under section thirty-two hundred and fifteen, obtain judgment for such money. * * * ” The statute thus authorizes the proceeding by motion whenever a person is entitled…

2Cases cited6 opinions

  1. Riddle & Co. v. Mandeville & JamessonSupreme Court of the United States · 1809
  2. Pacific Cable Construction Co. v. McNattWashington Supreme Court · 1891
  3. Yeaton v. Bank of AlexandriaSupreme Court of the United States · 1809
  4. Mandeville v. Joseph Riddle & Co.Supreme Court of the United States · 1803
  5. President of the Bank of the United States v. WeisigerSupreme Court of the United States · 1829

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Union Central Life Ins. v. PollardSupreme Court of Virginia · 1896
  2. Stuart v. CarterWest Virginia Supreme Court · 1916
  3. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  4. Home Owners' Loan Corp. v. ReeseSupreme Court of Virginia · 1938
  5. State Ex Rel. Stout v. RogersWest Virginia Supreme Court · 1949

9 more not listed; retrieve them via the Exa API.

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