Legal Opinion

Moseley v. Jones

Supreme Court of Virginia

Decided January 29, 1816PublishedCited by 7 opinions

THE appellee William Jones, jr. brought an action of assumpsit against Arthur Moseley truslee for A. Jones, on a written agreement, dated the 13th of October 1807, “ by which the “ defendant promised to return to the plaintiff, on or before the “ 1st of January 1811, 5o| barrels of corn, with interest, also cc to pay him the sum of 11Z. 8s.

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THE appellee William Jones, jr. brought an action of assumpsit against Arthur Moseley truslee for A. Jones, on a written agreement, dated the 13th of October 1807, “ by which the “ defendant promised to return to the plaintiff, on or before the “ 1st of January 1811, 5o| barrels of corn, with interest, also cc to pay him the sum of 11Z. 8s. Id. with interest from the 14th of “ January 1806, on or before the 1st day of January 1811.” No consideration for the promise was set forth in the declaration. The defendant pleaded non assumpsit, and, (after the verdict for the plaintiff for 65Z. 8s. 'id…

1Opinion of the Court

Judge Roane

pronounced the court’s opinion that the judgment was erroneous, there being no consideration laid in the declaration.

Judgment reversed, and entered that the appellee take nothing, &c.

2Cited by7 opinions

  1. Winkler v. Chesapeake & Ohio R. R.West Virginia Supreme Court · 1878
  2. Southern Railway Co. v. Willcox & DeJarnetteSupreme Court of Virginia · 1900
  3. Beall v. Morgantown & Kingwood RailroadWest Virginia Supreme Court · 1935
  4. Hemmenway v. HickesMassachusetts Supreme Judicial Court · 1827
  5. Pennsylvania Railroad v. SmithSupreme Court of Virginia · 1907

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