Archer v. Ward
Supreme Court of Virginia
, This was an action of debt in the. Circuit court of the town of Petersburg, instituted by Montague Ward against Tyler and Hill as makers and. John Archer as endorser- of a negotiable note. The suit .-abated as to Tyler.by the return of the writ.
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, This was an action of debt in the. Circuit court of the town of Petersburg, instituted by Montague Ward against Tyler and Hill as makers and. John Archer as endorser- of a negotiable note. The suit .-abated as to Tyler.by the return of the writ. Archer, who lived in the county of Chesterfield, appeared- and pleaded ,in , abatement of the writ tile penden,cy, of another suit! against him for the same cause, of action in the Circuit court of Chesterfield at .the tipie of th,e emanation of the writ in this case. To this plea, the . plaintiff demurred, and the court sustained the demurrer. , ,-…
1Dissent
*ALLEN and DANIEL, Js.,
dissented on the last question considered
by Judge Bee, for the reasons stated in the opinion ‘ of Judge Allen in the preceding case of Phaup &c. v. Stratton. They concurred on the other questions.
Judgment affirmed.
BILLS, NOTES, AND CHECKS.
I. Definitions.
II. Requisites and Validity.
1.. Form.
2. Negotiability.
3. Capacity and Authority; of Parties.
a. Agents.
b. Partners.
c. Alien Enemies.
4. The Consideration.
a. Presumption of Consideration.
b. Legality and Sufficiency.
c. Failure of Consideration.
5. What Law Governs the Validity.
III. Acceptance of Bill of Exchange.
IV. Transfer.
1…
2Cases cited225 opinions
- In re ClohertyWashington Supreme Court · 1891
- First National Bank of Wellsburg v. KimberlandsWest Virginia Supreme Court · 1880
- Union Trust Co. v. McClellanWest Virginia Supreme Court · 1895
- Peabody Ins. v. Wilson & BeasleyWest Virginia Supreme Court · 1887
- Bank of U. S. v. BeirneSupreme Court of Virginia · 1844
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