Southall v. Farish
Supreme Court of Virginia
Appeal from decree of circuit court of Albemarle county, entered May 18th, 1888, in the chancery cause of Thomas L. Farish’s trustees against Thomas L. Farish’s creditors. The suit was for the purpose of having the trustees’ accounts settled and the trust administered under the guidance of the court.
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Appeal from decree of circuit court of Albemarle county, entered May 18th, 1888, in the chancery cause of Thomas L. Farish’s trustees against Thomas L. Farish’s creditors. The suit was for the purpose of having the trustees’ accounts settled and the trust administered under the guidance of the court. The trust deed secured, among other debts, “ the debt originally due the Charlottesville National Bank by two notes aggregating about $300, on which A. J. Farish was endorser, and which A. J. Farish discharged by setting off against same an amount due him by the bank at the time of its failure in…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
1. The first question in the case is, whether the appellee, A. J. Farish, is entitled, as against the trustees of Thomas L. Farish, to the par value of the deposits in the Charlottesville National Bank, used by him in discharging two judgments in favor of the bank, aggregating $343.45 of principal, recovered on two negotiable notes executed by Thomas L. Farish, with A. J. Farish as endorser, or whether he is entitled to what the trustees claim to be “ the real value ” of the deposits. If the former view be the correct one, then the appellee was…
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