Butterworth v. Ellis's adm'x
Supreme Court of Virginia
Assumpsit, by the administratrix of Ellis against Butterworth, in the circuit court of Petersburg. There were several counts in the declaration, but all of them were general counts in indebitatus assumpsit. The only material counts were counts for money paid, laid out and expended,—for money lent and advanced, 'by Ellis to and for Butterworth,—for money had and received by Butterworth to the use of Ellis; and a count on an insimul computassent between Butterworth and Ellis.
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Assumpsit, by the administratrix of Ellis against Butterworth, in the circuit court of Petersburg. There were several counts in the declaration, but all of them were general counts in indebitatus assumpsit. The only material counts were counts for money paid, laid out and expended,—for money lent and advanced, 'by Ellis to and for Butterworth,—for money had and received by Butterworth to the use of Ellis; and a count on an insimul computassent between Butterworth and Ellis. Plea, non assumpsit. Upon the trial of the issue, the defendant’s counsel filed exceptions to.an opinion of the court,…
1Opinion of the CourtBrockenbrough, J.
I strongly incline to the opinion, that debt would still lie, in this case, on the bond, in the name of the obligee against the principal obligor, although the bond itself was given and transferred to the surety, as an advancement on his marriage with the obligee’s daughter. The obligation has never been discharged, and the very reason why it was given and transferred to the son in law, was, that it was the evidence of a subsisting debt due from the principal obligor to the obligee. By the gift and transfer an equitable right passed from the obligee to the surety, to recover the money, and on…
2Cases cited1 opinion
- Lucket v. BohannonCourt of Appeals of Kentucky · 1814