Foster v. Clarke

Supreme Court of Virginia

Foster v. Clarke

5 Munf. 430, 5 Va. 430, 1817 Va. LEXIS 22

DecidedFebruary 19, 1817

StatusPublished

This text of 5 Munf. 430 (Foster v. Clarke) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Foster v. Clarke, 5 Munf. 430, 5 Va. 430, 1817 Va. LEXIS 22 (Va. 1817).

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Opinion

February 1817.

Judge Roane

pronounced the Court’s opinion.

The Court is of opinion that, as the sum in question was paid by the Appellee in the year 1799, and as the Appellee himself admits or contends, in his exceptions, that the other transactions between the parties, as of that date, should be Considered as settled, in consequence of the lapse of time and the relations, which then existed between them, it is not equitable in him to select and rely upon this item in exclusion of others. On this ground, the Court reverses the Decree with Costs, and perpetuates the Injunction.

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February 1817.

Judge Roane

pronounced the Court’s opinion.

The Court is of opinion that, as the sum in question was paid by the Appellee in the year 1799, and as the Appellee himself admits or contends, in his exceptions, that the other transactions between the parties, as of that date, should be Considered as settled, in consequence of the lapse of time and the relations, which then existed between them, it is not equitable in him to select and rely upon this item in exclusion of others. On this ground, the Court reverses the Decree with Costs, and perpetuates the Injunction.

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Bluebook (online)

5 Munf. 430, 5 Va. 430, 1817 Va. LEXIS 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foster-v-clarke-va-1817.