Grigsby v. Simpson
Supreme Court of Virginia
This was an action of debt upon a bond by Harrison M. Simpson, assignee of Alfred Moss, deceased, against A. S. Grigsby, R. H. Cockerille, and two others, surviving obligors of themselves and J. C. Gunnell. The bond was for $6,600, bearing date the 26th of April 1859, and payable one year after date. It was made to Alfred Moss, and was by him assigned to Simpson on May 9th, 1859. The pleas were payment and usury.
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This was an action of debt upon a bond by Harrison M. Simpson, assignee of Alfred Moss, deceased, against A. S. Grigsby, R. H. Cockerille, and two others, surviving obligors of themselves and J. C. Gunnell. The bond was for $6,600, bearing date the 26th of April 1859, and payable one year after date. It was made to Alfred Moss, and was by him assigned to Simpson on May 9th, 1859. The pleas were payment and usury. The case was tried on the 4th of June 1873, when there was a verdict and judgment for the plaintiff; and the defendants applied for and obtained a writ of error and supersedeas to…
1Opinion of the CourtChristian, J.
*349This is a writ of error to a judgment of the circuit court of Fairfax county.
Two questions are presented for our decision, and both arise upon the exclusion of certain testimony offered by the plaintiffs in error.
The action was debt upon a bond executed by A. S. Grigsby and four others, payable to Moss, and assigned by Moss to Simpson. The suit was brought by the assignee against the obligor, Moss, the obligee being dead. Defendants pleaded usury, and on the trial offered two of themselves as witnesses on their own behalf. . The court, on motion of the plaintiff, excluded both, which is the…
2Cases cited1 opinion
- Granger v. BassettMassachusetts Supreme Judicial Court · 1868
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- Grandstaff v. Ridgely, Hampton & Co.Supreme Court of Virginia · 1878
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