Legal Opinion

Pettyjohn v. National Exchange Bank

Supreme Court of Virginia

Decided January 15, 1903PublishedCited by 8 opinions

Error to a judgment of the Circuit Court of the city of Lynchburg, rendered April 18, 1901, in a proceeding by motion for a judgment, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. As stated in the opinion of the court, this is a proceeding by motion, after notice to recover a judgment for money.

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Error to a judgment of the Circuit Court of the city of Lynchburg, rendered April 18, 1901, in a proceeding by motion for a judgment, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. As stated in the opinion of the court, this is a proceeding by motion, after notice to recover a judgment for money. The notice was in the words and figures following—to-wit: “To W. J". Graham, J. W. EEolloran, and Walker Pettyjohn, late partners, doing business under the firm name and style of Graham & Holloran, and to the said Walker Pettyjohn in his own right:…

1Opinion of the CourtWhittle, J.

This is a motion by the National Exchange Bank of Lynch-burg against W. J. Graham, J. W. Holloran, and Walker Pettyjohn, late partners as Graham & Holloran, and the said Pettyjohn individually, t'o recover judgment on certain negotiable notes, signed Graham & Holloran, ‘ payable to the order of Walker Pettyjohn, and purporting to be indorsed by him.

The notes were delivered by Holloran to the bank for discount, and the proceeds were placed to the credit of Graham & Holloran. W. J". Graham and J. W. Holloran made no defence, and judgment by default was rendered against them.

Pettyjohn filed a…

2Cases cited5 opinions

  1. New River Mineral Co. v. PainterSupreme Court of Virginia · 1902
  2. Richmond Railway & Electric Co. v. WestSupreme Court of Virginia · 1902
  3. Taylor v. CussenSupreme Court of Virginia · 1893
  4. McCoy v. Norfolk & Carolina RailroadSupreme Court of Virginia · 1901
  5. Norfolk National Bank v. GriffinSupreme Court of North Carolina · 1890

3Cited by8 opinions

  1. Merchants Bank & Trust Co. v. Peoples BankWest Virginia Supreme Court · 1925
  2. Bolling v. General Motors Acceptance Corp.Supreme Court of Virginia · 1963
  3. City of Richmond v. Gallego Mills Co.Supreme Court of Virginia · 1903
  4. Cantrell v. BooherSupreme Court of Virginia · 1960
  5. Buford v. EdwardsSupreme Court of Virginia · 1915

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