Edmund's v. Harper
Supreme Court of Virginia
This was an actiou of cleht in the circuit court of Brunswick county, brought by the assignee in bankruptcy of Thomas D. Edmunds, a bankrupt, against J. ~W. Harper, co-obligor with Peter Stainback, also a bankrupt, to recover the amount due upon a bond for $933.32, executed by said Stainback and Harper to Thomas D. Edmunds, dated 24th of July, 1860. The defendant pleaded payment and offsets, and the only question was Avhether the offset pleaded ivas available to the…
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This was an actiou of cleht in the circuit court of Brunswick county, brought by the assignee in bankruptcy of Thomas D. Edmunds, a bankrupt, against J. ~W. Harper, co-obligor with Peter Stainback, also a bankrupt, to recover the amount due upon a bond for $933.32, executed by said Stainback and Harper to Thomas D. Edmunds, dated 24th of July, 1860. The defendant pleaded payment and offsets, and the only question was Avhether the offset pleaded ivas available to the defendant! It was an account due from Thomas D. Edmunds to the firm of Edmunds & Stainback, the partners being Peter Stainback…
1Opinion of the CourtStaples, J.
This action is brought by the assignee of Thomas S. Edmunds, a bankrupt, against J. "W. Harper, upon a bond executed in the year 1860 by Harper and Peter Stainback, the latter alleged also to be a bankrupt. Hpon the trial it appeared that Thomas S. Edmunds, the obligee, in the year 1860-61, after the date of the bond, became indebted to a mercantile firm composed of this Peter Stainback and E. S. Edmunds. In the year 1862 E. S. Edmunds assigned in writing all his interest in the account against Thomas S. Edmunds to his co-partner, who thus became the sole owner of the account. Eo question is…
2Cases cited3 opinions
- Colvin v. MenefeeSupreme Court of Virginia · 1854
- Allen v. HartSupreme Court of Virginia · 1868
- Wartman v. YostSupreme Court of Virginia · 1872
3Cited by1 opinion
- In re Opinion of the JusticesSupreme Court of Alabama · 1950