Smith & Wimsatt v. Chilton
Supreme Court of Virginia
Appeal from decree of circuit court of Northumberland county, rendered April 30th, 1886, in the cause wherein the appellee, William Chilton, assignee of Loyd T. Smith, is complainant, and the appellants, Boyd M. Smith, and Samuel Ii. Wimsatt, partners in business under the style of Smith & Wimsatt, are defendants. This case is sequel to the case under the same style reported in 77 Va., 535, to which reference is made for the history of the controversy.
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Appeal from decree of circuit court of Northumberland county, rendered April 30th, 1886, in the cause wherein the appellee, William Chilton, assignee of Loyd T. Smith, is complainant, and the appellants, Boyd M. Smith, and Samuel Ii. Wimsatt, partners in business under the style of Smith & Wimsatt, are defendants. This case is sequel to the case under the same style reported in 77 Va., 535, to which reference is made for the history of the controversy. The suit was an attachment in equity in which a decree had been entered in favor of the appellee as such assignee for the entire amount of…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
The whole contention of the appellants in this case is, that effect was not given to an alleged compromise agreement entered into between themselves and Lloyd T. Smith, the'assignor of the appellee, on the 13th of December, 1878. It is contended that by that agreement, which is in writing, the said Lloyd T. Smith agreed to take in satisfaction of all claims whatsoever held by him against Smith & Wimsatt and Boyd M. Smith the sum of $1,000; and that this agreement having-been made before notice of the assignment to the appellee, is unaffected by…
2Cases cited2 opinions
- Helsley v. FultzSupreme Court of Virginia · 1822
- Seymour v. GoodrichSupreme Court of Virginia · 1885
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