Trimyer v. Pollard
Supreme Court of Virginia
This was an action of debt in the Circuit Court of King William county, by Thomas Pollard against Nathaniel Trimyer. The declaration was filed in September 1835, and was founded on a single bill for 109 dollars, executed by the defendant to the plaintiff, bearing date the 1st day of May 1821, and payable on demand.
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This was an action of debt in the Circuit Court of King William county, by Thomas Pollard against Nathaniel Trimyer. The declaration was filed in September 1835, and was founded on a single bill for 109 dollars, executed by the defendant to the plaintiff, bearing date the 1st day of May 1821, and payable on demand. The defendant appeared at the November term of the Court, and pleaded payment, upon which plea issue was made up, and the cause was tried in May 1838. On the trial of the cause, the defendant excepted to an instruction given by the Court to the jury at the instance of the…
1Opinion of the CourtDaniel, J.
I concur with Judge Allen in the view he presents of the probable state of the case at the time the instructions were given by the Judge in the Court below ; and I also concur with him in the opinion, that the instructions were wrong in so far as they deprived the defendant of the privilege of proving that some of the items in the account filed with his plea of payment, were, in fact, as they purport to be, payments, and not offsets, and thus not within the influence of the statute of limitations. I do not, however, think that the Judge *462below erred m instructing the iury to disregard all such…
2Cited by10 opinions
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