Legal Opinion

Stephenson v. Taverners

Supreme Court of Virginia

Decided July 15, 1852PublishedCited by 45 opinions

This was a suit instituted in May 1845, in the Circuit court'of Wood bounty by John Stephenson against Thomas and Franklin Taverner. The bill charges that Charles R. Baldwin, late of the county of Wood, died in 1839. That he was indebted by account to Stephenson,' Neale & Co., of which firm the plaintiff was a *partner, for several hundred dollars.

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This was a suit instituted in May 1845, in the Circuit court'of Wood bounty by John Stephenson against Thomas and Franklin Taverner. The bill charges that Charles R. Baldwin, late of the county of Wood, died in 1839. That he was indebted by account to Stephenson,' Neale & Co., of which firm the plaintiff was a *partner, for several hundred dollars. That by his will he appointed the plaintiff and Thomas Taverner, the latter of whom was his father in law, his executors, both of whom qualified as such: That Thomas Taverner took almost exclusive charge of the estate, and performed almost every…

1Opinion of the CourtMoncure, J.

The charge in the appellant’s bill that the note of Baldwin to Holliday, in which he was a surety, and which was assigned to the appellee Franklin Taverner, had been paid *185by the other appellee Thomas Taverner, coexecutor with the appellant, of said Baldwin ; and all the other charges in the bill tending to implicate the said Franklin, or subject him to liability on account of any of the claims therein asserted, being denied in his answer and unsustained by the evidence, it was therefore proper to dissolve the injunction and dismiss the bill as to him.

In regard to the claim of the firm of…

2Cited by45 opinions

  1. William & Mary College v. PowellSupreme Court of Virginia · 1855
  2. Piedmont & Arlington Life Insurance v. MaurySupreme Court of Virginia · 1881
  3. Craig & Bumgardner v. Hoge & HutchinsonSupreme Court of Virginia · 1897
  4. Craufurd's Adm'r v. Smith's Ex'orSupreme Court of Virginia · 1896
  5. Harvey's Adm'r v. Steptoe's Adm'rSupreme Court of Virginia · 1867

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