Thompson v. Govan
Supreme Court of Virginia
This was an action of assumpsit in the Circuit court of Hanover county by John Thompson assignee of the Bank of the United States against Archibald Govan. The declaration contains two special counts, and the general counts for money lent, laid out and expended, and an account stated.
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This was an action of assumpsit in the Circuit court of Hanover county by John Thompson assignee of the Bank of the United States against Archibald Govan. The declaration contains two special counts, and the general counts for money lent, laid out and expended, and an account stated. In the first special count the plaintiff declares as assignee of the Bank of the United States, who was assignee of Henry Curtis, who was assignee of the defendant; and then sets out a note made by Watt H. Tyler, on the 13th of May 1835, by which he promised to pay to John Tyler or order, sixty days after date,…
1Opinion of the CourtSamuels, J.
This is an action of assumpsit brought *by John Thompson, jr., against Archibald Govan. There is a slight degree of confusion in the statement of the plaintiff’s case as set forth in the first and second counts of his declaration : Racts are alleged therein, which are relevant only in a suit upon the assignment of paper not mercantile; yet the claim therein also set forth for the notarial charges of protest, and the averment of notice of dishonor could only be made in regard to mercantile paper. On the whole, however, the two counts should be regarded as asserting a cause of action growing…
2Cases cited1 opinion
- M'Laughlin v. DuffieldSupreme Court of Virginia · 1848
3Cited by5 opinions
- Merchants' National Bank v. SpatesWest Virginia Supreme Court · 1895
- Ragsdale v. HagySupreme Court of Virginia · 1852
- Atherton v. HullWest Virginia Supreme Court · 1877
- Payne's Exors. v. HuffmanSupreme Court of Virginia · 1900
- Archer v. WardSupreme Court of Virginia · 1853