Hatcher v. Lewis
Court of Appeals of Virginia
Charles Lewis, brought an action of debt upon a protested negotiable note, in the Superior Court of Campbell county, against Benjamin Perkins, John Moore, Archibald Hatcher, James (V Dibrell and David Saunders, Jr. 'The writ demands $1395 59, and $500 damages; but does not demand interest, nor the costs of protest.
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Charles Lewis, brought an action of debt upon a protested negotiable note, in the Superior Court of Campbell county, against Benjamin Perkins, John Moore, Archibald Hatcher, James (V Dibrell and David Saunders, Jr. 'The writ demands $1395 59, and $500 damages; but does not demand interest, nor the costs of protest. The declaration charges, that Perkins executed his promissory nóte to Moore, for $ 1395 59, negotiable and payable Sic. that Moore, Hatcher, Dibrell. and Saunders, successively endorsed the note; of which the plaintiff became legally possessed, for a fair and valuable…
1Opinion of the Court
Judge Co alter
delivered the opinion of the Court.*
The case of Metcalfe v. Battaile, Gilm. Rep. 191, if correctly decided, is decisive of one point in this case, to wit: that a writ of enquiry was necessary, and that alone is sufficient to reverse the judgment. Although that case was decided by a bare Court, yet it was an unanimous opinion, and therefore a binding precedent, as much as- any other. But it was said, that point was not made in the argument, and may have been a hasty opinion. I have looked into my notes of the argument, and find the point was made and answered uearly in the way…
2Cases cited1 opinion
- Traders' Bank v. Van WagenenWashington Supreme Court · 1891
3Cited by18 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Bennett v. Federal Coal & Coke Co.West Virginia Supreme Court · 1912
- Laidley's Adm'rs v. Bright's Adm'rWest Virginia Supreme Court · 1881
- Lutz v. WilliamsWest Virginia Supreme Court · 1919
- Commercial Union Assurance Co. v. Everhart's Adm'rSupreme Court of Virginia · 1892
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