Legal Opinion

Martin's Ex'x v. Lewis' Ex'or

Supreme Court of Virginia

Decided September 15, 1878PublishedCited by 16 opinions

In April, 1870, Martha Ann Martin, executrix of John S. Martin, deceased, filed her bill in the circuit court of Albemarle county, in which 'she set out that -in March, 1859, James W. Mason, Thomas Staples, John S. Martin and John O: Lewis entered into a partnership under the name of Mason, Martin & Co., for carrying on a milling and mercantile business at the town of Scottsville *in said county, which was continued until February, 1862, when it was dissolved by the death of…

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In April, 1870, Martha Ann Martin, executrix of John S. Martin, deceased, filed her bill in the circuit court of Albemarle county, in which 'she set out that -in March, 1859, James W. Mason, Thomas Staples, John S. Martin and John O: Lewis entered into a partnership under the name of Mason, Martin & Co., for carrying on a milling and mercantile business at the town of Scottsville *in said county, which was continued until February, 1862, when it was dissolved by the death of Thomas Staples; that after the dissolution of the partnership, the settlement of the affairs of the firm was chiefly…

1Opinion of the CourtChristian, J.

This case is before us on appeal from a decree of the circuit court of Albemarle county. The foundation of the suit is a paper writing in the following words and figures, to-wit:

“Scottsville, Aug. 20, 1866.
“$1,805.76.
“On the 1st January, 1867, pay to Messrs. Mason, Martin & Co., eighteen hundred and five 76-100 dollars for value received, it being in full for the account of Daniel P. Lewis.

(Signed) “Geo. C. Gilmer,

“Agent for Dan. P. Lewis.

Addressed “To Jno. O. Lewis, Scottsville.”

This paper is endorsed across the face thereof: “Accepted.”

(Signed) “Jno. O. Lewis.”

On the 4th day of January,…

2Cases cited2 opinions

  1. Brown v. SpoffordSupreme Court of the United States · 1877
  2. Woodward v. FosterSupreme Court of Virginia · 1868

3Cited by16 opinions

  1. Slaughter v. SmitherSupreme Court of Virginia · 1899
  2. Riverview Land Co. v. Dance & Co.Supreme Court of Virginia · 1900
  3. Colbert v. First Nat. Bank of ArdmoreSupreme Court of Oklahoma · 1913
  4. Rector v. HancockSupreme Court of Virginia · 1920
  5. Jones v. FranklinSupreme Court of Virginia · 1933

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