3 Va. 189
Decided March 18, 1812
Supreme Court of Virginia · decided 1812-03-18
EK an action of debt against William Walker and Clifton Garland, merchants, and partners, the declaration described the bond as executed by Walker, for himself and Garland. The plea of u ftayment” was put in by Gar-1 * J J land alone as surviving partner. Verdict and judgment ... , , , ,. * ior the plaintiff;- to whicu a writ oi supersedeas was awarded by a judge of this court. This is? almost the case of Shelton v. Pollock & Co. 1 EL and M. 423.
Decided 1812-03-18
¶1delivered ¶ the court’s opinion.
¶2“ The court (not deciding any other question occurring in this case) is of opinion that the declaration is de* fective in this, that it is not expressly averred therein that the appellant Clifton Garland, or the firm of Walker Garland, promised to pay the debt in the declarations mentioned; but that W:ilium Walke-- only so promised. The judgment is, therefore, to be reversed, and entered for the appellant.”