Maupin v. Whiting
Court of Appeals of Virginia
This was an appeal from a decree of the High Court of Chancery. The bill stated, that a replevy bond, purporting ,to be entered into by the plaintiff, as security for John Whiting, (and which had been assigned to Maupin,) was not the act of the plaintiff. That, about fifteen months after its date, Maupin informed the plaintiff that he had such a bond. That the plaintiff, with astonishment, informed Maupin that he had never executed it, or heard of the execution before.
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This was an appeal from a decree of the High Court of Chancery. The bill stated, that a replevy bond, purporting ,to be entered into by the plaintiff, as security for John Whiting, (and which had been assigned to Maupin,) was not the act of the plaintiff. That, about fifteen months after its date, Maupin informed the plaintiff that he had such a bond. That the plaintiff, with astonishment, informed Maupin that he had never executed it, or heard of the execution before. That, about two months afterwards, he met with the Deputy Sheriff, by whom the execution and bond were returned, and was…
1Opinion of the Court
PER CUR.
The cause having been heard in the High Court of Chancery, on the bill and answers, and those answers, which are responsive to the bill, stating, that although the appellee might not have originally put his name to the bond, yet he afterwards acknowledged the signature to be his hand and seal, by which he was bound at law; or, if he was not so bound at law, it was a legal defence of which he should have availed himself upon the motion for judgment on the bond, and not have resorted for relief, on that ground, to a Court of Equity, where the case is to be decided upon its real justice,…
2Cited by17 opinions
- Woodcock v. BennetNew York Supreme Court · 1823
- Andrews v. FenterSupreme Court of Arkansas · 1838
- Robinson v. CathcartU.S. Circuit Court for the District of District of Columbia · 1825
- Hoomes v. SmockCourt of Appeals of Virginia · 1794
- Hoomes v. SmockCourt of Appeals of Virginia · 1794
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