Dearing's Adm'x v. Rucker
Supreme Court of Virginia
On the 15th of January, 1866, Jane R. Dearing, executrix of William Dearing, brought an action of debt against A. B. Rucker, in the Circuit Court of Lynchburg, *on a bond for $3,822.74, dated 14th June, 1862, payable on the 1st of January, 1863, with interest at the rate of 4 per cent, from the date.
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On the 15th of January, 1866, Jane R. Dearing, executrix of William Dearing, brought an action of debt against A. B. Rucker, in the Circuit Court of Lynchburg, *on a bond for $3,822.74, dated 14th June, 1862, payable on the 1st of January, 1863, with interest at the rate of 4 per cent, from the date. Issue was joined on the plea of payment, and the parties waived a jury and agreed their case to the following effect: that the defendant was indebted to the plaintiff’s decedent on the 1st of January, 1862, in the sum of $1,362.13 for transactions before that time had between them; that on the…
1Opinion of the CourtJoynes, J.
I think it may fairly be inferred from the facts stated by agreement of the parties, that the bond on which this action is founded was, according to the true understanding and agreement of the parties, to be paid in Confederate treasury notes; or, to speak more accurately, that these note were the sort of dollars and cents for which the bond was given. The District Court, proceeding *upon the familiar principle applicable to a special verdict and to a case agreed to be argued in lieu of a special verdict, held that it was not competent for a court to make this inference from the facts stated.…
2Cases cited4 opinions
- McClaine v. Territory of WashingtonWashington Supreme Court · 1890
- Butcher v. CarlileSupreme Court of Virginia · 1855
- Bellingham Bay & British Columbia Railroad v. StrandWashington Supreme Court · 1890
- Bogle, Somerville, & Co. v. VowlesCourt of Appeals of Virginia · 1798
3Cited by19 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Ramsburg v. ErbWest Virginia Supreme Court · 1880
- Bierne v. Brown's Adm'rWest Virginia Supreme Court · 1877
- Rexroad v. McQuainWest Virginia Supreme Court · 1884
- Elys v. WynneSupreme Court of Virginia · 1872
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