Skipwith v. Morton & Co.

Court of Appeals of Virginia

Skipwith v. Morton & Co.

6 Va. 234

DecidedApril 14, 1800

StatusPublished

This text of 6 Va. 234 (Skipwith v. Morton & Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Skipwith v. Morton & Co., 6 Va. 234 (Va. Ct. App. 1800).

Pincite

Opinion

LYONS, Judge.

Delivered the resolution of the Court, that the plea was clearly bad, in point of form; and, there[240]*240fore, was very properly over-ruled by the District Court. That the defendant might have given the tender in evi-. dence, under the plea of payment, in order to have extinguished the interest, subsequent to the tender; but, having omitted to do so, and having withdrawn his plea of payment, he had relinquished the evidence, and could not now be received to make an objection upon the ground of a right which he had voluntarily waived.

ROANE, Judge. The last clause in the act of 1781, [c. 22, 10 Stat. Larg. 471,] appears applicable only to debts contracted during the existence of paper money, and not to such as this which existed long before.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

LYONS, Judge.

Delivered the resolution of the Court, that the plea was clearly bad, in point of form; and, there[240]*240fore, was very properly over-ruled by the District Court. That the defendant might have given the tender in evi-. dence, under the plea of payment, in order to have extinguished the interest, subsequent to the tender; but, having omitted to do so, and having withdrawn his plea of payment, he had relinquished the evidence, and could not now be received to make an objection upon the ground of a right which he had voluntarily waived.

ROANE, Judge. The last clause in the act of 1781, [c. 22, 10 Stat. Larg. 471,] appears applicable only to debts contracted during the existence of paper money, and not to such as this which existed long before.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

6 Va. 234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/skipwith-v-morton-co-vactapp-1800.