Clegg v. Lemessurier
Supreme Court of Virginia
This was an action of debt in the Circuit court of Petersburg, brought by Nathaniel Clegg against Peter Lemessurier. The first count was in the usual form upon two writings obligatory, of which profertwas made. The second count stated that the defendant, by his certain writing subscribed by him, and to which he affixed a scroll by way of seal, of which profert was also made, promised, &c.
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This was an action of debt in the Circuit court of Petersburg, brought by Nathaniel Clegg against Peter Lemessurier. The first count was in the usual form upon two writings obligatory, of which profertwas made. The second count stated that the defendant, by his certain writing subscribed by him, and to which he affixed a scroll by way of seal, of which profert was also made, promised, &c. The defendant craved oyer of the writings, and demurred to each count; and the court sustained the demurrer. The first paper declared on was as follows: Pittsboro’ Jan’y 1st, 1835. One day after date, I…
1Opinion of the CourtDee, J.
The action in this case is founded upon a promise in writing simply for the payment of money. The writing is signed with the name of the maker at the end of which is a pair of brackets by way of scroll with the word “seal” written within them. The declaration consists of two counts, the first of which alleges a sealed instrument in the usual form, and the second avers that the paper writing was subscribed by the defendant and a scroll affixed by him thereto by way of seal. Profert was made in both counts, and the defendant having craved oyer, demurred to each count. The court sustained the…
2Cases cited2 opinions
- Ah Lim v. Territory of WashingtonWashington Supreme Court · 1890
- Anderson v. Bullock & MarshallSupreme Court of Virginia · 1815
3Cited by7 opinions
- Jackson v. Security Mutual Life InsuranceIllinois Supreme Court · 1908
- Freeman v. EachoSupreme Court of Virginia · 1884
- Keller's Adm'r v. McHuffmanWest Virginia Supreme Court · 1879
- Bradley Salt Co. v. Norfolk Importing & Exporting Co.Supreme Court of Virginia · 1897
- Cosner v. McCrumWest Virginia Supreme Court · 1895
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