Legal Opinion

Davis Snapp v. Poland

Supreme Court of Virginia

Decided November 14, 1895PublishedCited by 3 opinions

Argued at Staunton. Decided at Richmond. Error to a judgment of the Circuit Court of Alleghany county, rendered March 31,1894, in an action of debt, wherein the defendant in error was the plaintiff, and the plaintiffs in error were the defendants. This was an action of debt on two negotiable notes made by it. H. Davis and endorsed by I. B. Snapp. The defendants pleaded nil debet, and a special plea of fraud in the procurement of the notes.

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Argued at Staunton. Decided at Richmond. Error to a judgment of the Circuit Court of Alleghany county, rendered March 31,1894, in an action of debt, wherein the defendant in error was the plaintiff, and the plaintiffs in error were the defendants. This was an action of debt on two negotiable notes made by it. H. Davis and endorsed by I. B. Snapp. The defendants pleaded nil debet, and a special plea of fraud in the procurement of the notes. There was judgment for the plaintiff, and the defendants excepted.

1Opinion of the CourtRiely, J.

The first assignment' of error relates to the admission as evidence on the trial of the letter of April 13,1893, from the defendant, R. H. Davis, to the plaintiff. It cannot be doubted that its admission was proper as against Davis himself, but it' was argued that it was inadmissible as against his co-defend.ant and late partner, I. B. Snapp.

One partner, by his own act, after the dissolution of the -partnership, cannot bind his co-partner against the consent ■of the latter, so as to impose on him a fresh liability. He •cannot, as against him, create a new obligation, nor revive an •old one…

2Cases cited3 opinions

  1. Roanoke Land & Improvement Co. v. Karn & HicksonSupreme Court of Virginia · 1885
  2. Rootes v. Wellford & Co.Supreme Court of Virginia · 1814
  3. Woodson v. WoodSupreme Court of Virginia · 1888

3Cited by3 opinions

  1. Virginia Development Co. v. Rich Patch Iron Co.Supreme Court of Virginia · 1900
  2. Owen v. OwenSupreme Court of Virginia · 1932
  3. Archer v. WardSupreme Court of Virginia · 1853

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