Richmond Enquirer Co. v. Robinson
Supreme Court of Virginia
In August 1866 R. M. and Wm. W. Smith executed to Thomas Smith their bond for $5,000, with Wm. K. Watts, G. W. Gretter and R. H. Dibrell as their sureties.
Read the full summary
In August 1866 R. M. and Wm. W. Smith executed to Thomas Smith their bond for $5,000, with Wm. K. Watts, G. W. Gretter and R. H. Dibrell as their sureties. The Smiths were the owners of the Richmond Enquirer establishment and publishers of that paper, and on the 13th of July, 1867, they sold out the establishment to a corporation known as the Richmond Publishing Company, for which said company, beside other considerations, was to pay to Smith & Son $5,000, with interest, in two years from the date. On the 15th of the same month Smith & Son assigned this claim of $5,000 to Watts, Gretter and…
1Opinion of the CourtAnderson, J.
It is well settled that it is no ground for equitable interference that a party has not effectually availed himself of a defence at law. There are cases in which equity will relieve after verdict, although a defence might have been made at law; but only where there has been no fault or negligence on the part of the defendant or his agents. The rule, as laid down by Chancellor Kent in Foster v. Wood, 6 John. Ch. R., 89, is, “that chancery will not relieve against a judgment at law, on the ground of its *552being contrary to equity, unless the defendant in judgment was ignorant of tbe fact iu…
2Cases cited1 opinion
- Slack v. WoodSupreme Court of Virginia · 1852
3Cited by1 opinion
- Braden v. ReitzenbergerWest Virginia Supreme Court · 1881