Boyd's adm'r v. City Savings Bank
Supreme Court of Virginia
This was an action of debt brought by “ The City Savings Bank” at Lynchburg, in the Hustings court of that city, against Robert GK H. Kean, administrator of James M. Boyd, on two notes negotiable and payable at the office of discount and deposit of the Bank of Virginia at Lynchburg, drawn by Paul Jones, and endorsed by said Boyd; one of them for two thousand dollars, dated May 22d, 1855 ; the other for one thousand two hundred and fifty dollars, dated July 17th, 1S55, and…
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This was an action of debt brought by “ The City Savings Bank” at Lynchburg, in the Hustings court of that city, against Robert GK H. Kean, administrator of James M. Boyd, on two notes negotiable and payable at the office of discount and deposit of the Bank of Virginia at Lynchburg, drawn by Paul Jones, and endorsed by said Boyd; one of them for two thousand dollars, dated May 22d, 1855 ; the other for one thousand two hundred and fifty dollars, dated July 17th, 1S55, and each of them payable sixty days after date, to said Boyd, or order, and protested for non-payment. On the trial of the…
1Opinion of the CourtMoncure, J.
I think the Hustings court ought to have compelled the plaintiff to join in the defendant’s demurrer to the plaintiff’s evidence; which was documentary, and presented a question of law, at least not plainly against the demurrant. 1 Rob. Pr. (old ed.) 353; Green, &c. v. Buckner’s adm’r, 6 Leigh 82. But the judgment ought not to be reversed on that ground, if the evidence set forth in the demurrer shows that the plaintiff was entitled to recover. Brockenbrough v. Ward’s adm’r, 4 Rand. 352. Nor if all the evidence in the cause, which is set out in the second bill of exceptions, shows that he was…
2Cases cited1 opinion
- Brockenbrough v. Ward's AdministratorCourt of Appeals of Virginia · 1826
3Cited by5 opinions
- Peabody Ins. v. Wilson & BeasleyWest Virginia Supreme Court · 1887
- Big Sandy National Bank v. ChiltonWest Virginia Supreme Court · 1895
- Deininger v. MillerAppellate Division of the Supreme Court of the State of New York · 1896
- Archer v. WardSupreme Court of Virginia · 1853
- Big Sandy National Bank v. ChiltonWest Virginia Supreme Court · 1895