Price v. Kyle
Supreme Court of Virginia
This was an action of debt in the Circuit court of Botetourt county, brought by William Kyle against John M. Price. The action was upon an arbitration bond, by which Price bound himself to Kyle in the penalty of 1000 dollars, to abide by and perform the award of two arbitrators selected to decide whether Kyle, who was a deputy-sheriff, was entitled to have commissions upon two executions against the goods of Price which went into the hands of Kyle and were levied, but the…
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This was an action of debt in the Circuit court of Botetourt county, brought by William Kyle against John M. Price. The action was upon an arbitration bond, by which Price bound himself to Kyle in the penalty of 1000 dollars, to abide by and perform the award of two arbitrators selected to decide whether Kyle, who was a deputy-sheriff, was entitled to have commissions upon two executions against the goods of Price which went into the hands of Kyle and were levied, but the property was not sold. The arbitrators differed in opinion; and then the following endorsement was made upon the bond: “I,…
1Opinion of the CourtDaniel, J.
The case turns on the effect of the sealed memorandum of the 8th April 1847 endorsed on the bond. In the written notes of argument filed by the counsel of the respective parties, it is ’ contended on the part of the plaintiff in error, that the memorandum constitutes a new agreement wholly distinct from the bond of submission, and that the remedy for any failure to keep it is by an action of covenant on the agreement, and not by a suit on the bond; and, as authority in support of this position, the cases of Freeman v. Adams, 9 John. R. 115, and Brown v. Goodman, in a note to 3 T. R. 592, are…
2Cases cited1 opinion
- Kenyon v. KnipeWashington Supreme Court · 1890
3Cited by8 opinions
- Calwell v. Caperton's Adm'rsWest Virginia Supreme Court · 1886
- Carter v. NolandSupreme Court of Virginia · 1890
- Nottingham v. AckissSupreme Court of Virginia · 1907
- Crawford v. Halsted & PutnamSupreme Court of Virginia · 1871
- Smith's ex'or v. SpillerSupreme Court of Virginia · 1853
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