Miller v. Fletcher
Supreme Court of Virginia
This was an action of debt in the circuit court of Rappahannock county, brought in January 1871 by John S. Fletcher against James F. Brown, Benjamin F. Miller and John Miller, upon a bond of $2,409.51, bearing date the 4th of September 1861, and payable on demand. The bond was perfect on its face.
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This was an action of debt in the circuit court of Rappahannock county, brought in January 1871 by John S. Fletcher against James F. Brown, Benjamin F. Miller and John Miller, upon a bond of $2,409.51, bearing date the 4th of September 1861, and payable on demand. The bond was perfect on its face. B. F. Miller, one of the defendants, filed a special plea, that the writing declared on was made and delivered as an escrow to the plaintiff, on the express condition, and none other, that John Miller and East-ham Jordan should sign and seal it as their own act and deed, and should become bound…
1Opinion of the CourtStaples, J.
This is an action founded upon a bond or single bill for the payment of money. The defendants plead, that it was executed by them in satisfaction of a debt due the plaintiff by the firm of Brown, Miller & Co., and delivered to the plaintiff as an escrow, upon condition it was to be likewise executed by two other members of said firm; but that in fact it had been executed only by one of them; and so the condition upon which the writing was to take effect had not been performed. The question raised by this plea, and which we are called upon to decide is, whether where a deed, perfect on its…
2Cases cited2 opinions
- Towner v. Lucas' ex'orSupreme Court of Virginia · 1857
- Ward v. ChurnSupreme Court of Virginia · 1868
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