Anderson v. Bullock & Marshall
Supreme Court of Virginia
David Bullock and William Marshall, “ assignees of William Austin,” brought suit in the Superior Court of Caroline County, against William Anderson, on a- bond executed the defendant to William Austin, under the name and deSCi-iption of acting partner of the late House of Austin and' r _ Anderson.
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David Bullock and William Marshall, “ assignees of William Austin,” brought suit in the Superior Court of Caroline County, against William Anderson, on a- bond executed the defendant to William Austin, under the name and deSCi-iption of acting partner of the late House of Austin and' r _ Anderson. The declaration charged that Austin made the assignment to the plaintiffs, “ by his certain deed in writing,sealed with his seal, and to the court shewn,” bearing date. ... the 5th of August 1802. The defendant, after craving oyer of the bond and deed of . 7 a v assignment, pleaded a set-off, in…
1Opinion of the Court
the president pronounced the following opinion of this court.
The declaration in this case is upon a bond executed to fiustint as acting partner to the late house of Austin and An-, *444derson. The deed, which is alleged in the declaration to be an assignment of that bond to the appellees, is executed by Austin in his own right, and, though it may include debts due to Austin in that character, cannot be considered as including debts due him as acting partner aforesaid. The courtis therefore of opinion, that, though it was proper to admit it to-be given in evidence to the jury, it being the deed…
2Cited by14 opinions
- Smith v. HenningWest Virginia Supreme Court · 1877
- Clegg v. LemessurierSupreme Court of Virginia · 1859
- Parks v. HewlettSupreme Court of Virginia · 1838
- Bradford v. RandallMassachusetts Supreme Judicial Court · 1827
- Clegg v. LemessurierSupreme Court of Virginia · 1859
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