Legal Opinion

Hatcher v. Lewis

Court of Appeals of Virginia

Decided March 15, 1826PublishedCited by 18 opinions

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

  1. Traders' Bank v. Van WagenenWashington Supreme Court · 1891

3Cited by18 opinions

  1. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  2. Bennett v. Federal Coal & Coke Co.West Virginia Supreme Court · 1912
  3. Laidley's Adm'rs v. Bright's Adm'rWest Virginia Supreme Court · 1881
  4. Lutz v. WilliamsWest Virginia Supreme Court · 1919
  5. Commercial Union Assurance Co. v. Everhart's Adm'rSupreme Court of Virginia · 1892

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