State Savings Bank v. Baker
Supreme Court of Virginia
Error to a judgment of the Hustings Court of the city of Roanoke, rendered June 22, 1893, on a motion for a judg'ment, wherein the plaintiff in error was the plaintiff, and the defendant in error and others were the defendants.
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Error to a judgment of the Hustings Court of the city of Roanoke, rendered June 22, 1893, on a motion for a judg'ment, wherein the plaintiff in error was the plaintiff, and the defendant in error and others were the defendants. This was a proceeding by motion in the name of the State Savings Bank against the four makers, and the endorser, of a negotiable note for $550. The makers having failed to appear and make defence, and “ the plaintiff having proved its claim to the satisfaction of the court,” judgment was entered against them, and, at a subsequent term, a judgment in favor of the…
1Opinion of the Court
'Cardwell, J.,
delivered the opinion of the court.
*512On May 5, 1892, Thomas G. Penn and three others made-their joint note for $550, payable ninety days after date, to the-order ofWm. E. Baker, negotiable and payable at the Commercial National Bank of Roanoke, which was endorsed by Baker, and taken by Penn to the State Savings Bank of Roanoke for discount, which was refused by the bank. But it was proposed by the bank, and agreed to by Penn, that if he-(Penn) would execute his own note for $550, payable to the State Savings Bank ninety days after date, and deposit with the bank the note of $550,…
2Cases cited5 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Smith v. United StatesSupreme Court of the United States · 1865
- Dey v. MartinSupreme Court of Virginia · 1883
- Christian & Gunn v. KeenSupreme Court of Virginia · 1885
- Burson v. AndesSupreme Court of Virginia · 1887
3Cited by5 opinions
- Benedum v. First Citizens BankWest Virginia Supreme Court · 1913
- Bradley v. BentleySupreme Court of Alabama · 1935
- Dickenson v. CharlesSupreme Court of Virginia · 1939
- Whitehead v. Planters Bank & Trust Co.Supreme Court of Virginia · 1942
- Archer v. WardSupreme Court of Virginia · 1853