Brooke v. Young
Supreme Court of Virginia
This was ah appeal from the Superior Court of Prince William County. Robert Young brought an action of debt, as assignee of John Carter, against Edmund Brooke, on a promissory note for $5400, payable sixty days after date. The declaration states, that the said note was executed to Carter, and endorsed by the latter, by his attorney James Anderson, to the plaintiff.
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This was ah appeal from the Superior Court of Prince William County. Robert Young brought an action of debt, as assignee of John Carter, against Edmund Brooke, on a promissory note for $5400, payable sixty days after date. The declaration states, that the said note was executed to Carter, and endorsed by the latter, by his attorney James Anderson, to the plaintiff. The breach alledged, is in the non-payment of the note, either to the said Carter before the assignment, or to the plaintiff since the assignment. The defendant pleaded: 1. Nil debet. 3. That the said Carter did not assign to the…
1Opinion of the Court
JUDGE CARR,
delivered the opinion of the Court.*
This is an action of debt, brought by the plaintiff as assignee, on a promissory note. Upon the plea of nil debet, the plaintiff had a verdict for the amount of the note, &c. On the trial, the defendant filed two bills of exception to opinions of the Court; and on these, the cause comes up.
The first contains a statement of the evidence, consisting of the note and endorsement, (the execution of each admitted;! the power of attorney to Anderson; proof, that the Merchants’ Bank was an unchartered institution, and that the note was discounted there,…
2Cases cited12 opinions
- Eisenbach v. HatfieldWashington Supreme Court · 1891
- Carstens v. McReavyWashington Supreme Court · 1890
- Wilkins v. WilkinsWashington Supreme Court · 1890
- Fowler v. LeeSupreme Court of Virginia · 1815
- Freytag v. Northern Pacific RailroadWashington Supreme Court · 1890
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