Legal Opinion

Loftus v. Maloney

Supreme Court of Virginia

Decided January 26, 1893PublishedCited by 5 opinions

Appeal from decree of the hustings court of the city of Norfolk, rendered June 23d, 1891, in a chancery cause wherein M. W. Loftus was complainant and James M. Maloney was defendant.

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Appeal from decree of the hustings court of the city of Norfolk, rendered June 23d, 1891, in a chancery cause wherein M. W. Loftus was complainant and James M. Maloney was defendant. This was a suit in equity, brought in the circuit court of Warwick county, by M. W. Loftus, plaintiff, against J. M. Maloney, defendant, to enjoin and restrain said Maloney from disposing of or assigning certain purchase-money notes executed. to him by said Loftus for the purchase-price of certain real and personal property sold by said Maloney to said Loftus, and further to enjoin said Maloney from further…

1Opinion of the Court

Richardson, J.,

(after stating the case,) delivered the opinion of the court.

It is quite clear that the decree complained of is entirely without error.

The bill directly charges that the defendant, Maloney, (appellee here,) came to Newport News with a view of procuring the partnership with the complainant, Loftus, (appellant here,) and to cheat and defraud said Loftus out of his property for a mere song; and that, having secured the partnership, Maloney, by every means in his power, persuaded and induced his partner, Loftus, to drink ardent spirits, for two or three weeks, to such excess as to…

2Cases cited5 opinions

  1. Harding v. WheatonSupreme Court of the United States · 1826
  2. Bates v. BallIllinois Supreme Court · 1874
  3. Johns v. FritcheyCourt of Appeals of Maryland · 1874
  4. Cavender v. WaddinghamMissouri Court of Appeals · 1878
  5. Pickett v. SutterCalifornia Supreme Court · 1855

3Cited by5 opinions

  1. Jordan's Administrator v. Richmond Home for LadiesSupreme Court of Virginia · 1907
  2. Archer v. WardSupreme Court of Virginia · 1853
  3. Lavell v. Gold's Adm'rSupreme Court of Virginia · 1874
  4. Lavell v. Gold's Adm'rSupreme Court of Virginia · 1874
  5. Lavell v. Gold's Adm'rSupreme Court of Virginia · 1874

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