Norvell v. Hudgins
Supreme Court of Virginia
Thomas Norvell, assignee of John Ellis, brought an act^on on a Promissory note, against Iioulder Hudgins, in the superior court of Mathews county. The declaration was *n ^ie usual form, except that no consideration for the assignment was alleged ; and, that the defendant was charg- ' . ., , . , , , , , . ed as not having paid the amount ot the note to the filamwithout any charge that he had not paid it to Ellis, the assignor.
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Thomas Norvell, assignee of John Ellis, brought an act^on on a Promissory note, against Iioulder Hudgins, in the superior court of Mathews county. The declaration was *n ^ie usual form, except that no consideration for the assignment was alleged ; and, that the defendant was charg- ' . ., , . , , , , , . ed as not having paid the amount ot the note to the filamwithout any charge that he had not paid it to Ellis, the assignor. The defendant pleaded “payment” generally, and . , , mt aet>et- At the trial, the plaintiff exhibited a note negotiable at ... r the bank of Virginia, from Moulder…
1Opinion of the Court
Judge Roane
pronounced the court’s opinion, as follows :
“ The court affirms the judgment of the superior court on this ground, without noticing any other; — that the declaration is too defective to maintain the action, in this ; that the same does not aver that the money purported by the *499note to be due was not paid to John Ellis, the drawee, but only that it was not paid to the plaintiff.’’
The sentiments of the court were afterwards notified, for information of the parties, that the instructions to the jury, stated in both the bills of exceptions, were correct; but, that the appellant might…
2Cited by9 opinions
- Bank v. Ohio Valley Furniture Co.West Virginia Supreme Court · 1905
- Reynolds v. HurstWest Virginia Supreme Court · 1881
- Nicholson v. Dixon's HeirSupreme Court of Virginia · 1816
- Ragsdale v. HagySupreme Court of Virginia · 1852
- Archer v. WardSupreme Court of Virginia · 1853
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