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3 Va. 203

Tutt v. Lewis's Executors

Court of Appeals of Virginia

Decided October 16, 1802

Court of Appeals of Virginia · decided 1802-10-16

la assumpsit brought by Brooke and Tutt against Lewis’s executors, the jury found a special verdict, which stated that In the year 1777, the defendant’s testator contracted with the plaintiffs, as public contractors for the building of a magazine, as stated in the account annexed to the verdict, which begins thus: “ Dr. Colonel Fielding Lewis, deceased, (on account of the Commonwealth of Virginia,) to Richard Brooke and James Tutt.” Then follows the items, which are charged…

Decided 1802-10-16

The Court

¶1affirmed the judgment, upon the principle settled in the case of Syme v. Butler, executor of Aylett, 1 Call, 105,* that a'man, contracting on behalf of the State, was not liable in his individual capacity.

¶2[* See Notes to that case.]

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