Early v. Moore
Supreme Court of Virginia
THOMAS MOORE, assignee of Andrew Donald, brought an action of debt against Jacobus Early. ' The declaration made aprofert of a writing obligatory under seal, describing it as an obligation in which the defendant acknowledged, that, on a final settlement of his accounts with Andrew Don-aid, he owed him justly the sum of 3271. 4s. id. with interest from March 22d, 1804, “ subject only to a credit for one hogshead of tobacco, delivered in the year 1799.” The defendant pleaded “…
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THOMAS MOORE, assignee of Andrew Donald, brought an action of debt against Jacobus Early. ' The declaration made aprofert of a writing obligatory under seal, describing it as an obligation in which the defendant acknowledged, that, on a final settlement of his accounts with Andrew Don-aid, he owed him justly the sum of 3271. 4s. id. with interest from March 22d, 1804, “ subject only to a credit for one hogshead of tobacco, delivered in the year 1799.” The defendant pleaded “ payment f but afterwards waved his plea ; whereupon judgment was entered against him for the said sum of money, with…
1Opinion of the Court
Judge Roane
pronounced the court’s opinion, that the District Court erred in rendering judgment for 3277 4s. 4d. with interest, &c. subject to a credit of a hogshead of tobacco delivered in the year 1799, instead of having the value of that tobacco ascertained, as of that date, and rendering judgment for the balance, after the amount of that value with interest shall have been deducted.
Both judgments reversed, and the cause remanded to the superior court of law, “ in order to be proceeded in subsequent to the waver of the plea.”
2Cited by8 opinions
- Thompson v. MannWest Virginia Supreme Court · 1909
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Thweatt's Administrator v. JonesSupreme Court of Virginia · 1823
- Davis' Adm'rs v. MeadSupreme Court of Virginia · 1856
- Thweatt's administrator v. Jones administratorSupreme Court of Virginia · 1823
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