Wilkins v. Woodfin Administrator
Supreme Court of Virginia
John L. Wii.iuns filed his Bill in the Superior Court of Chancery for the Richmond District against Samuel Pearce, to ' be relieved against a mistake, which he alleged had occurred to his prejudice in an exchange of bonds, and shewed by an account stated.
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John L. Wii.iuns filed his Bill in the Superior Court of Chancery for the Richmond District against Samuel Pearce, to ' be relieved against a mistake, which he alleged had occurred to his prejudice in an exchange of bonds, and shewed by an account stated. The defendant by his answer said, that the statement of the complainant, “ as made in the bill, was not truej” and went on to state the transaction differently in some respects; but evaded, (without expressly denying.) the charge of the mistake. He also pleaded to the jurisdictioti of the Court; alleging that the plaintiff’s remedy, if he…
1Opinion of the Court
Monday, October 28th, 1816,
Judge Brooke
pronounced the following opinion of the Court:—
The Court is of opinion that the deposition of one witness, aided by the circumstances in this case, outweighs the answer of the defendant. The bill alleges that, in an exchange of bonds, a mi3(ake was made in the calculation, to the prejudice of the Appellant, ninety-six pounds, four shillings and two pence. The defendant, not positively denying that allegation, evades it by stating that the bonds referred to in the bill were offered to him by the Appellant, and that he accepted them. The account, which is…
2Cited by20 opinions
- Wyche v. GreeneSupreme Court of Georgia · 1852
- Savage v. BenhamSupreme Court of Alabama · 1849
- Pryor v. AdamsCourt of Appeals of Virginia · 1798
- Newman v. KayWest Virginia Supreme Court · 1905
- Champlin v. LaytinNew York Court of Chancery · 1836
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