Chapman & Wife v. Persinger's Ex'x
Supreme Court of Virginia
Appeal from decree of circuit court of Roanoke county rendered October 16th, 1889, in the cause wherein James S. Persinger’s executrix was complainant, and F. J. Chapman and Clementine P. Chapman, his wife, were defendants.
Read the full summary
Appeal from decree of circuit court of Roanoke county rendered October 16th, 1889, in the cause wherein James S. Persinger’s executrix was complainant, and F. J. Chapman and Clementine P. Chapman, his wife, were defendants. The suit was to collect the amount of a bond executed (February 14th, 1883) by F. J. Chapman as principal and his wife as surety, to the testator for the sum of $2,492.81. The defendants answered that the bond was executed under a mutual mistake as to the state of accounts between the parties, and that they had been induced to execute the same by his assurance that he…
1Opinion of the CourtHinton, J.
James S. Persinger was the father of the appellant, Clementine P. Chapman. He was a man of considerable means; and during his life had many transactions of a business character with his son-in-law, the appellant, F. J. Chapman, and had paid for him at various times divers sums of money, amounting, in the aggregate, to many thousands of dollars. At the death of the said James S. Persinger, which occurred in September, 1884, there were found among his papers three bonds, viz:(1) A bond of F. J. Chapman and F. Poorer, dated February 13th, 1883, for $1,250, payable at six months.(2) A bond of F.…
2Cases cited2 opinions
- Towner v. Lucas' ex'orSupreme Court of Virginia · 1857
- Foster's curator v. RisonSupreme Court of Virginia · 1867
3Cited by10 opinions
- Persinger's Adm'r v. ChapmanSupreme Court of Virginia · 1896
- Chamberlaine v. Marsh's AdministratorSupreme Court of Virginia · 1819
- Chamberlaine v. Marsh's AdministratorSupreme Court of Virginia · 1819
- Chamberlaine v. Marsh's AdministratorSupreme Court of Virginia · 1819
- Phippen v. DurhamSupreme Court of Virginia · 1852
5 more not listed; retrieve them via the Exa API.