Billgerry v. Branch & Sons.
Supreme Court of Virginia
This was an action of assumpsit in the Circuit court of the city of Richmond, brought in October 1866, by Joseph Billgerry against Thos. Branch & Sons, brokers. The object of the suit was to recover from Branch & Sons the amount of three bills or checks drawn on the 26th day of August 1862, by the Farmers Bank of Ya. at Richmond, upon the Yew Orleans Canal and Banking Company, at Yew Orleans, payable to John Enders or order, each for the sum of two thousand dollars.
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This was an action of assumpsit in the Circuit court of the city of Richmond, brought in October 1866, by Joseph Billgerry against Thos. Branch & Sons, brokers. The object of the suit was to recover from Branch & Sons the amount of three bills or checks drawn on the 26th day of August 1862, by the Farmers Bank of Ya. at Richmond, upon the Yew Orleans Canal and Banking Company, at Yew Orleans, payable to John Enders or order, each for the sum of two thousand dollars. These cheeks wei’e endorsed in blank by Enders, and on the 20th of February 1863, they were endorsed by Thomas Branch & Sons…
1Opinion of the CourtRives, J.
It does not seem material to consider or settle the question of pleading raised by the demurrers to the original and amended declarations in this case. The common counts in indebitatus assumpsit, which were sustained, would have sufficed to sustain a recovery un*398der the authority of Bank of U. S. v. Jackson’s adm’x, 9 Leigh 221. The contract was one of privity between these parties, and sprung out of the payment of money by one to the other. Had the ease been submitted to a jury, it would have conduced to a clearer development of the issue, if the plaintiff had been allowed to count specially,…
2Cases cited3 opinions
- Hanger v. AbbottSupreme Court of the United States · 1868
- Hopkirk v. PageU.S. Circuit Court for the District of Eastern Virginia · 1822
- Wood v. LuttrelCourt of Appeals of Virginia · 1798
3Cited by2 opinions
- United States v. Union Livestock Sales Company, Inc., a CorporationCourt of Appeals for the Fourth Circuit · 1962
- Moore v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1919