Waring v. Betts
Supreme Court of Virginia
Argued at Richmond. Decided at Wytheville. Error to judgment of corporation court of Danville, rendered 6th October, 1892. This action was debt on a negotiable note for $500 against J. L. Waring, W. L. Waring, Jr., and I. D. Blair, maker and indorsers of the said note, by E. Betts, the owner of the same.
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Argued at Richmond. Decided at Wytheville. Error to judgment of corporation court of Danville, rendered 6th October, 1892. This action was debt on a negotiable note for $500 against J. L. Waring, W. L. Waring, Jr., and I. D. Blair, maker and indorsers of the said note, by E. Betts, the owner of the same. The note was negotiable and payable at the Business Men’s Bank, of Richmond, Ya., a young concern at the date of the execution of the note, but it went out of existence, ceased to do business, and distributed its assets before the maturity of the note. At the time of the maturity of the note…
1Opinion of the Court
Lacy, J.,
(after stating the case) delivered the opinion of the court.
The first question arising here is that raised by the demurrer. The declaration states a good case, and sets forth that on its due day it was duly presented for payment of the sum of money therein specified, required, payment refused, and that it was duly protested, &c.
And the defendants’ demurrer to the plaintifi’s declaration was properly overruled.
The claim of the defendants is that there was no presentment of the note, because when payment was demanded of the indorser, W. L. "Waring, Jr., manager of the late Business…
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