Smith's Adm'r v. Lamberts
Supreme Court of Virginia
So much of this case as is necessary to present the question considered and decided by this Court is as follows: James D. Dishman of the county of King George, died in 1813, being indebted to S. 6 J. Lambert in the sum of 265 dollars 95 cents, with interest from the 4th of August 1812; and Austin Smith and George White, jr., qualified as his executors.
Read the full summary
So much of this case as is necessary to present the question considered and decided by this Court is as follows: James D. Dishman of the county of King George, died in 1813, being indebted to S. 6 J. Lambert in the sum of 265 dollars 95 cents, with interest from the 4th of August 1812; and Austin Smith and George White, jr., qualified as his executors. The Lamberts placed their claim in the hands of William Brooke, an attorney at law, for collection, and he. instituted an action thereon against the executors in the Circuit court of King George county, and recovered a judgment in April 1819.…
1Opinion of the CourtDaniel, J.
The only question brought before the Court for its decision in this case, is, whether the claim of S. & J. Lambert against the representatives of Dishman has been paid; and its solution depends on the extent of power with which an attorney at law is clothed, who, in the ordinary course, is entrusted by a creditor with a bond, note or other evidence of debt, for suit and collection. Practitioners of the law in this country are generally regarded by the Courts as vested with a larger authority in the control and disposition of demands placed in their hands for collection, than has been usually…
2Cases cited3 opinions
- Kenyon v. SquireWashington Supreme Court · 1890
- Branch v. BurnleyCourt of Appeals of Virginia · 1797
- Silvis v. ElySupreme Court of Pennsylvania · 1842
3Cited by11 opinions
- Wiley v. MahoodWest Virginia Supreme Court · 1877
- Higginbotham v. MaySupreme Court of Virginia · 1893
- Johnson v. GibbonsSupreme Court of Virginia · 1876
- Johnson v. GibbonsSupreme Court of Virginia · 1876
- Johnson v. GibbonsSupreme Court of Virginia · 1876
6 more not listed; retrieve them via the Exa API.