Averett's adm'r v. Booker
Supreme Court of Virginia
This was an action of assumpsit in the Circuit court of the city of Lynchburg, brought by William T. Booker against William B. Averett’s administrator. The plaintiff declared upon the following paper, which he averred was made for value received.
Read the full summary
This was an action of assumpsit in the Circuit court of the city of Lynchburg, brought by William T. Booker against William B. Averett’s administrator. The plaintiff declared upon the following paper, which he averred was made for value received. Lynchburg, December 8, 1852. $ 1,080 59 The trustee of Norvell and Averett will pay to William T. Booker the sum of one thousand and eighty dollars and fifty-nine cents, with interest from 1st of March 1850, out of any moneys in his hands belonging to me. Wm. B. Averett. On the trial of the cause, the plaintiff introduced in evidence the foregoing…
1Opinion of the CourtLee, J.
The only question in this case is that raised by the instruction asked for by the defendant in error upon the trial. The declaration unlike that in Jackson v. Jackson, 10 Leigh 448, sufficiently avers a consideration for the draft or order which it describes, but as when it was produced at the trial no consideration was expressed upon its face and it was not stated to have been made “ for value received,” the question made was whether the jury could from the paper alone infer such a consideration moving from the defendant in error to the plaintiff’s intestate as would entitle him to recover…
2Cited by5 opinions
- Carnwright v. . GrayNew York Court of Appeals · 1891
- Clark v. Polk CountySupreme Court of Iowa · 1865
- Stronach v. . BledsoeSupreme Court of North Carolina · 1881
- Archer v. WardSupreme Court of Virginia · 1853
- Kennaird v. JonesSupreme Court of Virginia · 1852