Pryor v. Adams
Court of Appeals of Virginia
This was an appeal from a decree of the High Court of Chancery. The bill states, that the defendant was indebted to the plaintiff as surviving partner of Mams 8? Parke, in 66/. 7s. \0d. specie, with interest from the year 1774; when the bond was given, amounting to 16/. 14s.
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This was an appeal from a decree of the High Court of Chancery. The bill states, that the defendant was indebted to the plaintiff as surviving partner of Mams 8? Parke, in 66/. 7s. \0d. specie, with interest from the year 1774; when the bond was given, amounting to 16/. 14s. That in the year 1780, the defendant insisted to discharge the said bond, and applied to Street, the plaintiff’s agent, to receive payment thereof in paper money: who refused, unless the defendant would agree to pay the depreciation. That the defendant undertook to do so, and in February, 1780, paid through the hands of…
1Opinion of the Court
ROANE, Judge.
The bill of the appellee now before us, although it contains no specific prayer for a discovery of the bond in question; yet, upon the whole, by a liberal construction, it may amongst other things be considered, as a bill of discovery.
Admitting with the demurrer in this case, that the question concerning the depreciation is one purely of a legal nature, yet as in a trial at law, the appellee would have had occasion to produce the bond itself, or at least to have had evidence of its amount and date from the confession of the appellant; and as he should not be compelled to trust to…
2Cases cited1 opinion
- Wilkins v. Woodfin AdministratorSupreme Court of Virginia · 1816
3Cited by25 opinions
- Smith's adm'r v. BettySupreme Court of Virginia · 1854
- Towson v. TowsonSupreme Court of Virginia · 1920
- Wise v. LambSupreme Court of Virginia · 1852
- Stevens v. DuckettSupreme Court of Virginia · 1907
- Armstrong v. GilchristNew York Supreme Court · 1800
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