Myers & Son v. Friend & Scott
Supreme Court of Virginia
This was an appeal from the Superior Court of Prince George county. In that court, Myers and Son brought an action of detinue against Friend and Scott for a certain treasury note numbered 2562, dated the 11th day of October 1814, and made payable the 11th day of October 1815, being for the sum of §1000; which note was made payable to James Barbour or order at Washington, and by him endorsed on the back as follows : “ Pay to George Rowland or his order, James Barbour.”
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This was an appeal from the Superior Court of Prince George county. In that court, Myers and Son brought an action of detinue against Friend and Scott for a certain treasury note numbered 2562, dated the 11th day of October 1814, and made payable the 11th day of October 1815, being for the sum of §1000; which note was made payable to James Barbour or order at Washington, and by him endorsed on the back as follows : “ Pay to George Rowland or his order, James Barbour.” Under tin's endorsement, there was a blank endorsement by the said Rowland, thus ;—“ George Rowland.” Myers and Son, being…
1Opinion of the Court
Judge Roane
delivered the opinion of the court:
The court is of opinion, that as the treasury note isa question is, by the act of Congreso, providing for its emission, transferable by delivery and assignment only, it could not have been transferred originally, without such an assignment. A property In it could not have been acquired us against the true owner, by a mere possession thereof, even for a valuable consideration actually paid. This privilege only attaches as against the true owner, in relation to bank notes, or cash notes payable to bearer, or notes endorsed in blank, and which…
2Cases cited1 opinion
- Wilson v. RuckerCourt of Appeals of Virginia · 1799
3Cited by5 opinions
- Wilson v. RuckerCourt of Appeals of Virginia · 1799
- Spence v. RobinsonWest Virginia Supreme Court · 1891
- Jimerson v. TincherWest Virginia Supreme Court · 1921
- Archer v. WardSupreme Court of Virginia · 1853
- Wilkinson & Co. v. HollowaySupreme Court of Virginia · 1836