Legal Opinion

Wright v. Independence National Bank

Supreme Court of Virginia

Decided February 8, 1899PublishedCited by 15 opinions

Error to a judgment of the Corporation Court of the city of Lynchburg rendered September 8, 1897, in a proceeding by motion for a judgment wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This is the second action by the same plaintiff against the same defendant on the same note.

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Error to a judgment of the Corporation Court of the city of Lynchburg rendered September 8, 1897, in a proceeding by motion for a judgment wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This is the second action by the same plaintiff against the same defendant on the same note. The first action was dismissed, and it is claimed by the plaintiff in error that he is released because he endorsed the note for the accommodation of the maker, and that the first action was dismissed without his knowledge or consent, upon an agreement made with the…

1Opinion of the CourtBuchanan, J.

The defence relied on in this case is that the defendant, an accommodation endorser, had been released by an agreement of the creditor extending the time for the payment of the writing sued on. That paper was a negotiable note made by W. P. Roberts, payable to H. D. Wright, or order, at the Traders Bank of Lynchburg, endorsed by Wright to that bank, and by it endorsed to and held by the plaintiff as collateral, with other notes, to secure the payment of a note due to it from the Traders Bank. After actions at law had been brought by the plaintiff on the notes held by it as collateral,…

2Cases cited2 opinions

  1. Richmond Railway & Electric Co. v. GarthrightSupreme Court of Virginia · 1896
  2. Brighthope Railway Co. v. RogersSupreme Court of Virginia · 1881

3Cited by15 opinions

  1. Zastrow v. KnightSouth Dakota Supreme Court · 1930
  2. Richmond Passenger & Power Co. v. StegerSupreme Court of Virginia · 1903
  3. Leftwich v. City of RichmondSupreme Court of Virginia · 1902
  4. Brock v. BearSupreme Court of Virginia · 1902
  5. Thompson v. CamperSupreme Court of Virginia · 1906

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