Towner v. Lucas' ex'or
Supreme Court of Virginia
This was a bill filed in the Circuit court of Jefferson county, by Edward Lucas, and afterwards on his death revived by his executors, against Benjamin T. Towner. The bill states that Towner had recovered three judgments against Lucas on three single bills, executed by George Reynolds, Jacob W. Reynolds, Joseph McMurran, Conrad Billmyer and himself.
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This was a bill filed in the Circuit court of Jefferson county, by Edward Lucas, and afterwards on his death revived by his executors, against Benjamin T. Towner. The bill states that Towner had recovered three judgments against Lucas on three single bills, executed by George Reynolds, Jacob W. Reynolds, Joseph McMurran, Conrad Billmyer and himself. That these single bills were given for a previous debt of George and Jacob W. Reynolds, the principals, and that before they were signed it was agreed between them and their three friends, McMurran, Billmyer and Lucas, that all were to sign or…
1Opinion of the Court 1
Allen, P.
It was said by the court in the Countess of Rutland's Case, 5 Coke’s R. 25, “ that it would be inconvenient that matters in writing, made by advice and on consideration, and which finally import the certain truth and agreement of the parties, should be controlled by an averment of parties, to be proved by the uncertain testimony of slippery memory.” In Stevens v. Cooper, 1 John. Ch. R. 425, Chancellor Kent remarks, “ that there is no rule of evidence better settled than that which declares that parol evidence is inadmissible to contradict or substantially vary the legal import of a…
Also in this document: Opinion of the Court · Curtis.
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