Parrott v. Gibson

General Court of Virginia

Parrott v. Gibson

1 H. & J. 398

DecidedApril 15, 1803

StatusPublished

This text of 1 H. & J. 398 (Parrott v. Gibson) is published on Counsel Stack Legal Research, covering General Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Parrott v. Gibson, 1 H. & J. 398 (Va. Super. Ct. 1803).

Pincite

Opinion

Chase, Ch. J.

The court are of opinion, that it is not necessary to prove the execution of the bond. The assignee takes the assignment on the credit of the assignor, and having paid a consideration has a right to resort to the obiigec, having used due diligence to recover the money from the obligor. Tine assignment must be proved, and that the plaintiff has used due diligence to get the money from the obligor.

The witness to the assignment was then produced. Who proved his own subscription, and that of the defendant in his presence. But he could not prove that tiie defendant aflixed his seal to it.

Chase, Ch. J. To support a suit under the act of assembly against the assignor of a bond, there must be proof that the assignment was sealed by the assignor.

VeRDTCT FOR THE DEFENDANT.

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Chase, Ch. J.

The court are of opinion, that it is not necessary to prove the execution of the bond. The assignee takes the assignment on the credit of the assignor, and having paid a consideration has a right to resort to the obiigec, having used due diligence to recover the money from the obligor. Tine assignment must be proved, and that the plaintiff has used due diligence to get the money from the obligor.

The witness to the assignment was then produced. Who proved his own subscription, and that of the defendant in his presence. But he could not prove that tiie defendant aflixed his seal to it.

Chase, Ch. J. To support a suit under the act of assembly against the assignor of a bond, there must be proof that the assignment was sealed by the assignor.

VeRDTCT FOR THE DEFENDANT.

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Bluebook (online)

1 H. & J. 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parrott-v-gibson-vagensess-1803.