Bank of the Valley v. Marshall
Supreme Court of Virginia
This was an action of debt in the Circuit court of Frederick county, brought in April 1870, by the Bank of the Valley for H. G. Rant, receiver, against James Marshall, as endorser upon two negotiable notes, amounting to $1,100, and costs of protests, $5.56. On the 17th of June 1870, the defendant pleaded payment, with notice of set-ofi;; and filed with his plea notes of the bank to the amount of the debt.
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This was an action of debt in the Circuit court of Frederick county, brought in April 1870, by the Bank of the Valley for H. G. Rant, receiver, against James Marshall, as endorser upon two negotiable notes, amounting to $1,100, and costs of protests, $5.56. On the 17th of June 1870, the defendant pleaded payment, with notice of set-ofi;; and filed with his plea notes of the bank to the amount of the debt. And on the 2d of July 1872, he filed a special plea of tender, referring to the notes filed with his plea of payment. To this plea of tender the plaintiff demurred, but the court overruled…
1Opinion of the CourtChristian, J.
The act of the general assembly passed February 12th, 1866, requiring the banks of the commonwealth to go into liquidation, was the subject of judicial construction *and interpretation by this court in the case of “Exchange Bank v. Knox,” and “Farmers’ Bank v. Anderson,” 19th Gratt. 739; which cases were afterwards reaffirmed in "Saunders v. White," 20 Gratt. 327. By these decisions it was held—
1. That the act forbids and prevents all preferences among the creditors of the bank.
2. That a debtor of the bank cannot set off notes of the bank bought up by the debtor after the execution and…
2Cases cited40 opinions
- First National Bank of Wellsburg v. KimberlandsWest Virginia Supreme Court · 1880
- Dickeschied v. Exchange BankWest Virginia Supreme Court · 1886
- Lamb v. CecilWest Virginia Supreme Court · 1884
- Planters Bank of Farmville v. WhittleSupreme Court of Virginia · 1884
- Marshall v. F. & M. Savings BankSupreme Court of Virginia · 1889
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