Alley v. Rogers
Supreme Court of Virginia
On the 24th of May, 1859, Benjamin W. Green, by deed of trust dated on that day and duly recorded, conveyed certain real estate in the town of Sidney, in the county of Henrico, to John G. Williams and Mortimer M. Young', as trustees, to secure to B. R. Rogers the payment of fottr negotiable notes, dated on the same day, and payable at 6, 12, 18 and 24 months after date, at the Rarmers Bank of Virginia.
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On the 24th of May, 1859, Benjamin W. Green, by deed of trust dated on that day and duly recorded, conveyed certain real estate in the town of Sidney, in the county of Henrico, to John G. Williams and Mortimer M. Young', as trustees, to secure to B. R. Rogers the payment of fottr negotiable notes, dated on the same day, and payable at 6, 12, 18 and 24 months after date, at the Rarmers Bank of Virginia. The word “Rarmers” was omitted in the notes, and there was a blank in its place, but they were plainly intended to be ^payable at the Rarmers Bank of Virginia, and were so treated by the…
1Opinion of the Court
MONCURE, P.,
delivered the opinion of the court. After stating the case he proceeded as follows:
The errors in the decree assigned in the petition for the appeal are, 1st. Because the bank was the agent of the plaintiff, authorized by law to receive payment of the said notes, and if the plaintiff has any remedy, it is against the bank. And 2dly. If the petitioners are liable, it can only be after the remedy against the bank, *and then, if necessary, that against Gwathmey and Fisher are exhausted. In the argument it was also contended that the remedy against the trustee A. D. Williams must be…
2Cited by16 opinions
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