Beirne v. Dunlap
Supreme Court of Virginia
Debt in the circuit court of Monroe, by Addison Dunlap as assignee of Charles Lewis, against Andrew Beirne junior and -Andrew Beirne. • The declaration alleged that the defendants, on the 12th of June 1833, by a writing obligatory, promised that they or either of them would pay, on or before the 1st of September 1834, to Charles Lewis the sum of 813 dollars 79 cents in notes of the United States bank or either of the Virginia banks, and that afterwards, to wit, on the 2d of…
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Debt in the circuit court of Monroe, by Addison Dunlap as assignee of Charles Lewis, against Andrew Beirne junior and -Andrew Beirne. • The declaration alleged that the defendants, on the 12th of June 1833, by a writing obligatory, promised that they or either of them would pay, on or before the 1st of September 1834, to Charles Lewis the sum of 813 dollars 79 cents in notes of the United States bank or either of the Virginia banks, and that afterwards, to wit, on the 2d of July 1833, the said Charles Leiois by his indorsement on the said writing obligatory, assigned and transferred the same…
1Opinion of the CourtParker, J.
The justice of this case seems clearly to be with the plaintiff in the court below, and 1 have felt much inclined to sustain the judgment, if it could be done without breaking down the barriers which separate one remedy from another. But upon reflection, I think debt was not the proper form of action.
The action of debt only lies for money (or tobacco, under the act of assembly) and the plaintiff recovers the sum in numero, and not a compensation in damages, *516they being merely nominal. For any collateral thing, debt will not lie. Buller’s N. P. 167.
Bank notes are not money, although they pass…
2Cases cited1 opinion
- Campbell v. WeisterCourt of Appeals of Kentucky · 1822