Beery v. Homan's
Supreme Court of Virginia
In May 1828, John Rader was appointed by the County court of Rockingham, the committee of David Homan, a lunatic, and executed a bond with Richard Pickering and David Bowman as his sureties. At the June term of the County court in 1836, on the motion of David Bowman an order was made that John Rader be summoned to appear at the next court to give said Bowman counter security.
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In May 1828, John Rader was appointed by the County court of Rockingham, the committee of David Homan, a lunatic, and executed a bond with Richard Pickering and David Bowman as his sureties. At the June term of the County court in 1836, on the motion of David Bowman an order was made that John Rader be summoned to appear at the next court to give said Bowman counter security. The entry of the order then proceeds, “ whereupon the said John Rader appeared in Court, and acknowledged notice of the motion; and with Joseph Kratzer and Abraham Beery, gave the security as required by the above order,…
1Opinion of the CourtAllen, J.
The Court is of opinion, that to constitute a valid bond of the party, the intention to bind himself must appear on the face of the instrument; that the signature and seal form a part thereof, and furnish prima facie evidence that the person so signing and sealing the bond intended to make himself a party thereto, and to be bound by the stipulations thereof; although the name of the party so signing, sealing and delivering the bond, may not be inserted in the penalty or recited in the condition. The case of Bell v. Allen's adm'r, 3 Munf. 118, does not actually decide that the bond there…
2Cases cited1 opinion
- Beale v. WilsonSupreme Court of Virginia · 1815
3Cited by2 opinions
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- United States v. Hankin, Perch, Perch P. HankinCourt of Appeals for the Third Circuit · 1979