Legal Opinion

Rhodes v. Cousins

Supreme Court of Virginia

Decided March 15, 1828Published

This was an appeal from the Chancery Court of Richmond, where Cousins filed his bill against Grymes, Rhodes and Moore, praying for an Injunction to prohibit a sale of certain goods which had been conveyed (fraudulently, as he alleged) by Deed of Trust from Grymes to Rhodes; or, that the goods might be returned by Moore ■ the auctioneer, to the other Defendants; or, to stay $1,500 in the *hands of Moore, if a sale should be thought proper; or to grant a Ne Exeat.

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This was an appeal from the Chancery Court of Richmond, where Cousins filed his bill against Grymes, Rhodes and Moore, praying for an Injunction to prohibit a sale of certain goods which had been conveyed (fraudulently, as he alleged) by Deed of Trust from Grymes to Rhodes; or, that the goods might be returned by Moore ■ the auctioneer, to the other Defendants; or, to stay $1,500 in the *hands of Moore, if a sale should be thought proper; or to grant a Ne Exeat. The whole ground of complaint is fully set forth in the following opinion.

1Opinion of the Court

March 15.

JUDGE CARR

delivered his opinion.

The bill presents this case; that in the winter of 1820-21, Cousins endorsed for Grymes (a grocer) an accommodation note, to be discounted at the Bank, for $1,500: that the note had been renewed from time to time, and the one last given would become due in about four weeks: that the Plaintiff will, no doubt, have to take up the note when it falls due: that the said money was borrowed to pay debts, which Grymes contracted in supplying his store with groceries: that a few days before, he had been surprised to discover in a Peters-burg paper (where the…

2Cases cited2 opinions

  1. Wiggins v. ArmstrongNew York Court of Chancery · 1816
  2. Seymour v. HazardNew York Court of Chancery · 1814

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