Wartman v. Yost
Supreme Court of Virginia
Au action of debt was brought in the County court of Rockingham county, by S. M. Yost against John H. Wartman, Giles Devier and H. T. Wartman, on a joint and several single bill obligatory, executed by the defendants on the 15th day of July 1868, for the sum of fifteen hundred dollars, with interest from date, payable •oil the first day of January 1869. The defendants pleaded payment, on which issue was joined, and also filed an account of set-off, which they desired to…
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Au action of debt was brought in the County court of Rockingham county, by S. M. Yost against John H. Wartman, Giles Devier and H. T. Wartman, on a joint and several single bill obligatory, executed by the defendants on the 15th day of July 1868, for the sum of fifteen hundred dollars, with interest from date, payable •oil the first day of January 1869. The defendants pleaded payment, on which issue was joined, and also filed an account of set-off, which they desired to prove upon the trial. A verdict was found for the debt and interest aforesaid, on which judgment was accordingly rendered.…
1Opinion of the Court
Moncure, P.
delivered the opinion of the court. After stating the case, he proceeded :
That this case should have been decided as it was, both by the County and Circuit courts, must, at the first view of it, strike the mind with some surprise. That the defendants should have a right to set-off in the action, a judgment assigned to one of them, and he the principal debtor, against the plaintiff, would seem to be just and reasonable. To be sure, there would formerly have been a technical objection to such right of set-off, arising from a want of mutuality, which was always necessary to the…
2Cases cited2 opinions
- Allen v. HartSupreme Court of Virginia · 1868
- Pates v. St. ClairSupreme Court of Virginia · 1854
3Cited by5 opinions
- B. & O. R. R. v. JamesonWest Virginia Supreme Court · 1878
- Edmund's v. HarperSupreme Court of Virginia · 1879
- Ward v. ChurnSupreme Court of Virginia · 1868
- Ward v. ChurnSupreme Court of Virginia · 1868
- Ward v. ChurnSupreme Court of Virginia · 1868