Rhea v. Gibson's ex'or
Supreme Court of Virginia
This was an action of debt in the Circuit court of Washington county, by Joseph Rhea against the executor of Charles C. Gibson, upon a bond for four hundred and eighty-nine dollars and seven and a half cents, signed by Peter Hickman, Jacob Merchant, Charles C. Gibson and Andrew Gibson. The defendant filed two pleas of payment in part by Hickman who was the principal in the note, and two other pleas of payment in part by his testator. He also filed a plea of non est factum.
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This was an action of debt in the Circuit court of Washington county, by Joseph Rhea against the executor of Charles C. Gibson, upon a bond for four hundred and eighty-nine dollars and seven and a half cents, signed by Peter Hickman, Jacob Merchant, Charles C. Gibson and Andrew Gibson. The defendant filed two pleas of payment in part by Hickman who was the principal in the note, and two other pleas of payment in part by his testator. He also filed a plea of non est factum. Upon the trial the jury found a verdict for the defendant on the plea of non est factum, which upon the motion of the…
1Opinion of the CourtSamuels, J.
This is an action of debt against the executor of Charles C. Gibson on a single bill purporting on its face to have been executed by Peter Hickman, Jacob Merchant, Charles C. Gibson and Andrew Gibson. Issues were made up on 'several pleas of payment, and on the plea of non est factum. On the trial at October term 1847, the jury found for the defendant on the plea of non est factum, but rendered no verdict on the other issues. The plaintiff moved the court to set aside the verdict as against evidence, and for a new trial; which motion, at that time, was sustained. At a subsequent day of the…
2Cases cited5 opinions
- Smith v. CrookerMassachusetts Supreme Judicial Court · 1809
- Cleaton v. ChamblissSupreme Court of Virginia · 1827
- Sigfried v. LevanSupreme Court of Pennsylvania · 1820
- Harrison v. TiernansCourt of Appeals of Virginia · 1826
- Stahl v. BergerSupreme Court of Pennsylvania · 1823