Gordon v. Brown's
Supreme Court of Virginia
James Gordon, Walter Monteath, and William Robertson, styling themselves surviving partners of John Glasford, James Gordon, Walter Monteath, William Robertson, Neil Jameson, Adam Fleming and James Glasford, late merchants and partners acting under the firm and style of Adam Fleming, brought an action of debt on a bond in the Williamsburg District Court, against John Colgin, executor of John Brown, deceased.
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James Gordon, Walter Monteath, and William Robertson, styling themselves surviving partners of John Glasford, James Gordon, Walter Monteath, William Robertson, Neil Jameson, Adam Fleming and James Glasford, late merchants and partners acting under the firm and style of Adam Fleming, brought an action of debt on a bond in the Williamsburg District Court, against John Colgin, executor of John Brown, deceased. The declaration stated the bond to have been executed by the testator on the 4th of January, 1773, to Adam Fleming, and described it as payable to Adam Fleming, without alleging that it…
1Opinion of the Court
JUDGE TUCKER.
In this case there is another difficulty. The exception is to the opinion of the Judge who did not sign it.
• Williams. The Court being divided, there was judgment for the defendant; and the exception was to that judgment. The record from the Chancery was admissible. The assignment of the bond was in obedience to the decree.
JUDGE TUCKER. Then ought not suit to have been brought on it as an assigned bond?
Williams. The assignment was only to authorise them to bring suit: but the bond being their own, they ha'd a right to sue upon it as their own. The bill did not pray for an…
2Cases cited1 opinion
- John Baird & Co. v. MattoxCourt of Appeals of Virginia · 1798