Burton v. Slaughter
Supreme Court of Virginia
This was an action of debt in the Circuit court of Lynchburg, brought in January 1872, by John F. Slaughter against Edward J. Burton, upon a negotiable note for §2,200, bearing date the 13th of September 1861, payable in sixty days, made by Burton to David Bodes, and endorsed by Bodes, and also by Samuel Garland, for the accommodation of Burton, and discounted at the office of the branch bank of Virginia at Lynchburg: The declaration did not notice the endorsement of…
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This was an action of debt in the Circuit court of Lynchburg, brought in January 1872, by John F. Slaughter against Edward J. Burton, upon a negotiable note for §2,200, bearing date the 13th of September 1861, payable in sixty days, made by Burton to David Bodes, and endorsed by Bodes, and also by Samuel Garland, for the accommodation of Burton, and discounted at the office of the branch bank of Virginia at Lynchburg: The declaration did not notice the endorsement of Garland. Garland died before the note fell due; and it was protested for non-payment, and notice was given to Bodes and the…
1Opinion of the CourtBouldin, J.
My opinion is, that the Circuit court erred in giving to the jury the instruction moved by the plaintiff in the court below, even as modified by the court. The foundation of the suit was a promissory note, executed the 18th of September 1861 for the sum of |2,200, negotiable and payable at the office of discount and deposit of the Bank of Virginia at Lynchburg, which was endorsed for the accommodation of the maker by D. Bodes and S. Garland; was discounted for the benefit of the maker by the bank aforesaid; and on the 15th day of November 1861 was duly pi’otested for non-payment. The note…
2Cited by4 opinions
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