Braxton, adm'r v. Harrison's ex'ors
Supreme Court of Virginia
The following statement of the case is made by Judge Moncure : In 1S10, Benjamin Harrison being a creditor to a large amount of the estate of Philip L. Grymes, Robert West, the administrator of Grymes, paid the debt by an assignment of bonds taken at the sale of the personal estate ; and in the settlement of the administration account the estate was credited with the amount of the bonds, and debited with the amount of the debt.
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The following statement of the case is made by Judge Moncure : In 1S10, Benjamin Harrison being a creditor to a large amount of the estate of Philip L. Grymes, Robert West, the administrator of Grymes, paid the debt by an assignment of bonds taken at the sale of the personal estate ; and in the settlement of the administration account the estate was credited with the amount of the bonds, and debited with the amount of the debt. Among the bonds- assigned was one of Morgan Tomkies. In due time after this bond became due in October 1810, Harrison’s executors brought suit upon it, and obtained…
1Opinion of the CourtMoncure, J.
after stating the case, proceeded :
It was contended by the counsel for the appellants in this case, that conceding that the bond of Tomkies was assigned by West to Harrison’s executors in payment of a debt due by Grymes to them, and that they used due diligence to recover the amount of the bond, but failed to do so by reason of its being satisfied by a debt due by Grymes to Tomkies; still they would have no claim to relief, even in equity, against Grymes’ estate ; and would have to rely alone on the recourse which his contract of assignment might give them against West individually.
It will be…
2Cases cited1 opinion
- Fox v. TaliaferroSupreme Court of Virginia · 1814
3Cited by4 opinions
- Switzer v. NoffsingerSupreme Court of Virginia · 1886
- Jones v. Reid Adm'rWest Virginia Supreme Court · 1878
- Evans v. SpurginSupreme Court of Virginia · 1854
- Boyd's Sureties v. OglesbySupreme Court of Virginia · 1873