Sides v. Schnebly

Decided October 15, 1794

General Court of Virginia · decided 1794-10-15

THIS was an action of debt on a writing obligatory, dated the 6th of January, 1792, in the penal sum of 800/. conditioned for the payment of 400/. twelve months after the decease of the obligor. Non est factum was pleaded ; to which plea was annexed the affidavit of the executor, that he believed the facts set forth in the plea were true.

Decided 1794-10-15

¶1The Court

(S. Chase, Ch. J. and f. T. Chase, J.)

¶2were of opinion, that the evidence was proper to be offered to the jury as a circumstance for their consideration, and from which they might infer that the said Boozer did not execute the bond.