Powell v. Tarry's Adm'r
Supreme Court of Virginia
Error to judgment of circuit court of Mecklenburg, rendered 29th May, 1880, in an action of trespass on the case in which Jesse H. Powell,-who sued for the benefit of E. T. Hamilton, was plaintiff, and W. E. Homes, administrator with the will annexed of George Tarry, Jr., deceased, was defendant.
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Error to judgment of circuit court of Mecklenburg, rendered 29th May, 1880, in an action of trespass on the case in which Jesse H. Powell,-who sued for the benefit of E. T. Hamilton, was plaintiff, and W. E. Homes, administrator with the will annexed of George Tarry, Jr., deceased, was defendant. Testator, in his lifetime, held the bond of Henry Duncan for $5,000, payable to himself as guardian, two years after date, with interest at the rate of ten per cent per annum, till paid. He endorsed his name on the bond, and it passed to said Powell, who received on it, as proceeds of land conveyed…
1Opinion of the CourtLacy, J.
This case is as follows: On the 3d day of July, 1873, the testator of the defendant in error wrote his name on the hack of a bond signed hy one Henry Duncan, dated March 4th, 1872, for the sum of five thousand dollars, with interest thereon at the rate of ten per centum till paid, and payable .two years after date, in which bond the obligee was styled George Tarry, Jr., guardian of E. T. Hamilton and Rebecca J. Hamilton, the interest to he annually paid. In April, 1879, the plaintiff in error, who was the plaintiff below, sued the personal representative of Tarry in the said circuit court of…
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