Tardy v. Boyd's adm'or
Supreme Court of Virginia
This was a suit in equity in the Circuit court of Botetourt county, brought in June 1866, by John W. Johnston, administrator of Wm. W. Boyd, deceased, for the purpose of having the direction of the court in the administration of the estate. Boyd died in April 1866, leaving a large estate in lands, and largely indebted both on his own account and as surety.
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This was a suit in equity in the Circuit court of Botetourt county, brought in June 1866, by John W. Johnston, administrator of Wm. W. Boyd, deceased, for the purpose of having the direction of the court in the administration of the estate. Boyd died in April 1866, leaving a large estate in lands, and largely indebted both on his own account and as surety. In the progress of the cause his creditors were called in, and reports of debts and their priorities were directed and made., Among the creditors who presented their claims was S. C. Tardy, surviving trustee of the Bank of Virginia; and…
1Opinion of the CourtChristian, J.
The court is of opinion that the Circuit court did not err in declaring by its decree of the 12th day of April 1872 that W. W. Boyd was not responsible as endorser of the negotiable note, made by Andrew L. Boyd for $5,000, payable at the bank of Virginia at Buchanan.
It is admitted that the note was not presented for payment and protested for non-payment on the day of its maturity. Excuse for this is offered by the holder that it could not have been done on the day of maturity because of the presence of the public enemy, which made the removal of the valuable effects of the bank, and among…
2Cited by7 opinions
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- Isbell & Co. v. Lewis & Co.Supreme Court of Alabama · 1893
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