Durkin v. Exchange Bank of Virginia
Court of Appeals of Virginia
This was an action of debt, in the Circuit Superior Court of the town of Petersburg, by the Exchange Bank of Virginia, against Patrick Durkin, the cashier of the branch of the said bank at Petersburg, and his sureties, D’Arcy Paul, Robert Leslie, John F. May and Richard Furt, on the official bond of the said Durkin.
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This was an action of debt, in the Circuit Superior Court of the town of Petersburg, by the Exchange Bank of Virginia, against Patrick Durkin, the cashier of the branch of the said bank at Petersburg, and his sureties, D’Arcy Paul, Robert Leslie, John F. May and Richard Furt, on the official bond of the said Durkin. On the 20th day of May, 1842, the defendants executed a bond payable to the Exchange Bank of Virginia, in the penalty of $50,000, with a condition to the following words, to wit: “The condition of the above ^obligation is such, that whereas the above bound Patrick Dur-kin hath…
1Opinion of the Court
^THOMPSON, J.
This is an important case, as well on account of the pecuniary interests at stake as of the novel and interesting legal questions involved in its decisionand it has been argued with a zeal and ability, on the part of counsel, worthy of its importance. These considerations have successfully invoked for it the most mature consideration of the court; and if, enlightened as our deliberations have been by the discussions of the bar, we have failed to arrive at correct conclusions, the failure is the natural and inevitable result of the diversity of human opinion and the fallability…
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