Legal Opinion

Seymour v. Goodrich

Supreme Court of Virginia

Decided March 12, 1885PublishedCited by 4 opinions

Appeal from decree of corporation court of Norfolk city, entered December 27th, 1882, in attachment suit of D. A. Goodrich, assignee of late firm of Goodrich & Hendricks, plaintifi~, against M. T. Seymour, S. M. Seymour, Andrew Coyne, A. Wallaee aiid others, defendants.

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Appeal from decree of corporation court of Norfolk city, entered December 27th, 1882, in attachment suit of D. A. Goodrich, assignee of late firm of Goodrich & Hendricks, plaintifi~, against M. T. Seymour, S. M. Seymour, Andrew Coyne, A. Wallaee aiid others, defendants. The defendants, under their firm name of A. Coyne & Co., were indebted to the firm of Goodrich & Hendricks in the sum of over $2,000. The creditor firm agreed with Williani T. Seymour, a brother of the debtors of that name, if he would pay them the sum of $400 to release his brothers from liability for that debt, and that sum…

1Opinion of the CourtHiNTON, J.

The principal question in this case, and the only one we deem it necessary to consider, is, whether there has been such a partial payment of the debt due by the firm of A. Coyne & Co., of which the appellant was a member, to the firm of Goodrich & Hendricks, of which the appellee I). A. Goodrich is assignee, as will operate as an extinguishment of the debt so far as the appellant .VI. T. Seymour and his brother S. M. Seymour are concerned.

The general doctrine to be deduced from the authorities from Pinnel’s ease, 5 Coke’s R. 117 a, down to the present time, seems to be, that an agreement to…

2Cases cited5 opinions

  1. Bull v. BullSupreme Court of Connecticut · 1876
  2. Perkins v. LockwoodMassachusetts Supreme Judicial Court · 1868
  3. Watkinson v. Inglesby & StokesNew York Supreme Court · 1810
  4. Bowker v. HarrisSupreme Court of Vermont · 1858
  5. Blinn v. ChesterSupreme Court of Connecticut · 1812

3Cited by4 opinions

  1. Chicago, Milwaukee & St. Paul Railway Co. v. ClarkSupreme Court of the United States · 1900
  2. Standard Sewing Machine Co. v. GunterSupreme Court of Virginia · 1904
  3. Smith & Wimsatt v. ChiltonSupreme Court of Virginia · 1888
  4. Thomas & Cross v. BrownSupreme Court of Virginia · 1914

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