Pate v. M'Clure
Court of Appeals of Virginia
This was an appeal from the Chancery Court of Staunton, where John Fate filed his bill against William M’Clure, Alexander M’Clure, George Lynham, James Breckenridge and Andrew Hamilton. The case, so far. as it is material to the present report, is briefly this.
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This was an appeal from the Chancery Court of Staunton, where John Fate filed his bill against William M’Clure, Alexander M’Clure, George Lynham, James Breckenridge and Andrew Hamilton. The case, so far. as it is material to the present report, is briefly this. Pate became indebted to William M’Clure %' Co. and executed his note for the sum of $ 6584, on the 7th day of June, 1798. Some payments were made; and for the balance, Pate endorsed two sterling bills of exchange in hlank, and delivered them to M’ Clure 8? Co. drawn by George Lynham, of Norfolk, on Walter Burrows of London, payable at…
1Opinion of the Court
Judge Carr,
This is a bill of injunction to stay proceedings on a deed of trust executed by the plaintiff to secure a debt to the defendants. In his bill, the plaintiff claims several small credits, as omissions in the accounts presented by the defendants; but these claims are inadmissible, as the plaintiff has settled the whole account, and acknowledged its correctness, twice at least; in 1803, when he settled with M’Credie, and executed his bond, and in 1806, when he executed a .deed of trust to secure the debt then under the direction of Breckenridge; and there is no evidence whatever, that…
2Cases cited2 opinions
- West v. BelchesSupreme Court of Virginia · 1816
- Fox v. TaliaferroSupreme Court of Virginia · 1814
3Cited by17 opinions
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- Peabody Ins. v. Wilson & BeasleyWest Virginia Supreme Court · 1887
- Thompson v. CurryWest Virginia Supreme Court · 1917
- Shirley v. FellowsSupreme Court of Alabama · 1839
- Casperson v. DunnNew Jersey Court of Chancery · 1886
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