Cabell v. Hardwick
Court of Appeals of Virginia
In debt upon an administration bond, the declaration was in the common form of a declaration for payment of money, without styling the plaintiffs Justices, fyc.
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In debt upon an administration bond, the declaration was in the common form of a declaration for payment of money, without styling the plaintiffs Justices, fyc. The plaintiffs assigned for breaches, that the administrator did not make any inventory of the estate, nor administer the same according to law, nor pay the legacies, and further, that he did not pay “the amount of a decree in favor of the legatees of the said Pearce Wade in said Court, and afterwards confirmed in the High Court of Chancery, for the quantity of tobacco, and in current money. ” Plea, conditions performed, with a…
1Opinion of the Court
ROANE, Judge.
The bond stated in the declaration, is, (as it appears in the declaration itself,) a mere common bond from one set of individuals to another, and it purports a right in the plaintiffs to have and receive the money thereby acknowledged to be due. The word Successors in the Teneri of the bond, as stated in the declaration, must either be considered as superfluous (in which case, the character of the bond, as before supposed, will not be varied;) or, at most, will only import that the bond was given to the obligees in some corporate character. But, whether for their own use, or that…
2Cases cited4 opinions
- Cooke v. Graham's Administrator.Supreme Court of the United States · 1805
- Bellingham Bay & British Columbia Railroad v. StrandWashington Supreme Court · 1890
- Green v. BaileySupreme Court of Virginia · 1816
- Hickman v. HickmanWashington Supreme Court · 1890
3Cited by7 opinions
- Langmaid v. LeeNorthumberland County Circuit Court · 2013
- Davis' Adm'rs v. MeadSupreme Court of Virginia · 1856
- Lewis v. AdamsSupreme Court of Virginia · 1835
- Taylor v. Stewart's Ex'orsCourt of Appeals of Virginia · 1805
- Taylor v. Stewart's Ex'orsCourt of Appeals of Virginia · 1805
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