Cooper v. Omohundro
Supreme Court of the United States
Error to the Circuit Court for the Eastern District of Virginia; in which court Littleton Omohundro, a citizen of Ohio, sued Richard Cooper, a citizen of Virginia, executor of Silas Omohundro (which said Silas was in his lifetime a citizen of the same State), to recover certain advances which the plaintiff-, the said Littleton, who was the son of the said Silas, the defendant’s testator, had made (as the evidence tended to show, though this fact was not in any way shown by…
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Error to the Circuit Court for the Eastern District of Virginia; in which court Littleton Omohundro, a citizen of Ohio, sued Richard Cooper, a citizen of Virginia, executor of Silas Omohundro (which said Silas was in his lifetime a citizen of the same State), to recover certain advances which the plaintiff-, the said Littleton, who was the son of the said Silas, the defendant’s testator, had made (as the evidence tended to show, though this fact was not in any way shown by the pleadings), during the rebellion, and while funds could not- be transmitted from Virginia to Ohio for the said Silas,…
1Opinion of the CourtJustice Clifford
stated the case, and delivered the opinion of the court.
Advances were made by the plaintiff to Silas Omohundro in the sum of $4390, as alleged in the bill of particulars filed in the case. None of that amount, as the plaintiff' alleges, was ever paid by the decedent, and the defendant, as his executor, having neglected and refused to pay the same, the plaintiff brought an action of assumpsit against the defendant, as Such executor, to recover the amount. Service being made the defendant ultimately appeared and pleaded the general issue. Both parties being present they waived a jury, and…
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