Phelps v. Frazer

Decided December 8, 1824

Supreme Court of Virginia · decided 1824-12-08

Frazer, assignee of Goodwin, brought an action of debt on a note under seal, against Phelps, in the County Court of Pittsylvania. The defendant pleaded payment to the plaintiff. At the trial, the defendant offered to prove the hand-writing of Goodwin, (the obligee and assignor of the note,) to a paper purporting to be a receipt of part of the money, due by the said note.

Decided 1824-12-08

Judge Cabell,

¶1delivered the opinion of the Court. *

¶2The issue having been joined on the plea of payment to ■the plaintiff, who was assignee of the writing obligatory on which the action was brought, any evidence whatever, proving a payment to the assignor, would have been improper. It seems, therefore, that the questions raised in-the argument of this case, are not presented by the record. The judgment of the Superior Court, refusing the supersedeas, was correct, and is to be affirmed.

¶3 Judges Brooke and Carr, absent.