Farmers' Bank v. Vanmeter
Court of Appeals of Virginia
Appeal from th'e Staunton Chancery Court. The case was this: William Lane, drew three drafts on Bryan Ilampson Co. and prevailed on William Vanmeter, James Marshall, and W. II. Triplett to endorse the same, in the order in which their names are here set down. These drafts so endorsed, were discounted at the Bank, and they were presented to Bryan Hampson §• Co., noted for nonacceptance> and protested for non-payment.
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Appeal from th'e Staunton Chancery Court. The case was this: William Lane, drew three drafts on Bryan Ilampson Co. and prevailed on William Vanmeter, James Marshall, and W. II. Triplett to endorse the same, in the order in which their names are here set down. These drafts so endorsed, were discounted at the Bank, and they were presented to Bryan Hampson §• Co., noted for nonacceptance> and protested for non-payment. The Bank brought suits against the drawer and endorsers, and took judgment against Lane and Vmmeter by c0nfessi0n. Lane proved insolvent, and Vanmeter filed a bill to injoin the…
1Opinion of the Court
Judge Green
delivered the opinion of the Court.
The object of this suit was to injoin three, judgments recovered by Baker'for the use of the Farmers’ Bank, against the plaintiff and Lane. These judgments were entered as confessed by those defendants, and were so entered by some mistake; Vanmeter never having employed counsel, or authorised the confession of judgments.
There are several grounds for relief asserted- by the appellee. The first is, that such judgments could not have been had, or if had, would have been erroneous and reversible, if they had not been entered as by confession; the…
2Cases cited1 opinion
- Denney v. ElkinsU.S. Circuit Court for the District of District of Columbia · 1831
3Cited by17 opinions
- Bank of U. S. v. BeirneSupreme Court of Virginia · 1844
- Turner v. StewartWest Virginia Supreme Court · 1902
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Smith v. McLainWest Virginia Supreme Court · 1877
- Grafton & G. R. v. DavissonWest Virginia Supreme Court · 1898
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