Oswald, Deniston & Co. v. Tyler
Court of Appeals of Virginia
Appeal from the Chancery Court of Fredericksburg. The bill was filed by Oswald, Deniston 4’ Co. against Tyler, administrator of Hancock, praying that a new trial might be granted them, in a case in which they were plaintiffs, and the said Tyler defendant. The history of the case, and the various topics of argument are so fully displayed in the following opinions, that any other report would be superfluous.
1Opinion of the Court
The Judges
delivered their opinions.*
*20Judge Coalter.
On the facts as they are in proof, I consider it as most clear and apparent, that if the case had been before the Court of Law, as it is now before us, the appellants would have had a judgment for their debt.
The agent of the appellants had put into the hands of their attorney, a bond to bring suit on, and which he knew to be justly due from the intestate of the appellee. He had no knowledge of the existence of the fact out of which the defence grew; nor had he the least suspicion that such fact existed, or cause to suspect that such defence…
2Cases cited1 opinion
- Spencer & White v. WilsonSupreme Court of Virginia · 1814
3Cited by30 opinions
- Slack v. WoodSupreme Court of Virginia · 1852
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Galloway v. County of NassauCourt of Appeals for the Second Circuit · 2025
- Perkins v. ClementsCourt of Appeals of Virginia · 1855
- Mathieson Alkali Works v. Virginia Banner Coal Corp.Supreme Court of Virginia · 1924
25 more not listed; retrieve them via the Exa API.