Wood v. Luttrel
Court of Appeals of Virginia
In an action upon the case, brought by Wood against the executors of Carr, the declaration contained two counts : 1st. Indebitatus assumspsit for 50/. sterling, of the value of 50/. current money, for so much money paid by the plaintiff to the defendant’s testator, at his special instance and request; 2d. For money had and received to the plaintiff’s use. Plea, non assumpsit, and issue.
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In an action upon the case, brought by Wood against the executors of Carr, the declaration contained two counts : 1st. Indebitatus assumspsit for 50/. sterling, of the value of 50/. current money, for so much money paid by the plaintiff to the defendant’s testator, at his special instance and request; 2d. For money had and received to the plaintiff’s use. Plea, non assumpsit, and issue. Verdict for 103/. 12s. 3c?., “subject to the opinion of the Court, whether the bill of .exchange and protest, and the letters of 'Carr to Wood, hereto annexed, be legal evidence, admissible to the jury, in…
1Opinion of the Court
ROANE, Judge.
This is an action of assumpsit, and the declaration contains two counts; one for money paid *206by the plaintiff to the defendant’s testator, at his special instance and request; and, the other for money had and received by the testator, to the use of the plaintiff. The pjea js non assumpsit, on which the plaintiff took issue, and the jury have found a verdict for the plaintiff for 103/. 12s. 3d. currency, subject to the opinion of the Court, upon this question, “ whether the bill of exchange and protest, and the letters of TV. Carr hereto annexed, be legal evidence admissible to the…
2Cases cited1 opinion
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