Williams v. Zimmerman

Fox, President,

dissenting:

I am unable to agree with the conclusions of the majority in this case, and my dissent rests on two points:

First: I think the notice given by the defendant, Corn-well, to the General Receiver of the Circuit Court of Hampshire County, dated December 7, 1935, was a substantial compliance with the requirements of Code 45-1-1, and that, assuming the solvency of Zimmerman, the principal debtor, the failure of the receiver to proceed by suit, within a reasonable time thereafter, to collect the note 'in question, served to release Cornwell from liability thereon under the…