Horner v. Speed
Court of Appeals of Virginia
In January, 18S0, John M. Speed brought an action of assumpsit, in the Circuit Court of Lynchburg, against James E. Horner, on alleged new promises to pay to Speed a debt of 12,000, due him by Horner, (on a note taken up by Speed, who was Horner’s endorser,) and from which Horner had been discharged in bankruptcy. The only witness to the new promises was Wm.
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In January, 18S0, John M. Speed brought an action of assumpsit, in the Circuit Court of Lynchburg, against James E. Horner, on alleged new promises to pay to Speed a debt of 12,000, due him by Horner, (on a note taken up by Speed, who was Horner’s endorser,) and from which Horner had been discharged in bankruptcy. The only witness to the new promises was Wm. B. Roane, who filed, in answer to a question by plaintiff’s counsel, a written statement, marked “R R,” as his evidence in chief. This written statement was'prepared shortly before he testified, and was, as he stated, the substance of…
1Opinion of the CourtThompson, J.
On the 19th November, 1841, John M. Speed became the accommodation endorser of Jas. E. Horner upon a note of $2,000, negotiable and paj’able at the Farmers Bank of Virginia at Lynch-burg. Horner had the note discounted, and received the proceeds. At maturity it was protested, and Speed had the money to pay, and thus became the creditor of Horner for that amount and the charges of protest.
On the 7th March, 1842, Horner together with Wm. H. Watson, styling themselves merchants and partners, under the firm of Horner & Watson, filed their petition in the United States Court for the Eastern…
2Cases cited1 opinion
- Bell v. MorrisonSupreme Court of the United States · 1828
3Cited by19 opinions
- Pusey v. GardnerWest Virginia Supreme Court · 1883
- Vangilder v. HoffmanWest Virginia Supreme Court · 1883
- Wolonter v. United States Casualty Co.Supreme Court of Virginia · 1919
- Allen v. BartlettWest Virginia Supreme Court · 1882
- Duncan v. CarsonSupreme Court of Virginia · 1920
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