¶1the president pronoun» ced the opinion of the Court, that the obligation, on which this suit was brought, not appearing to be an original credit of the intestate, John M' Murray, but taken and made payable to the testator of the plaintiff, and on which he could have maintained an action, in the debet and detinet, as for his own credit, that right of action, therefore, devolved on the plaintiff, as his executor, who was, therefore, competent to maintain this suit. The judgments of both the Courts below, were, therefore, reversed, and judgment entered for the plaintiff upon the bond.
3 Va. 513
Bowden v. Taggart
Decided January 9, 1813
Supreme Court of Virginia · decided 1813-01-09
WILLIAM BOWDEN executor of Robert Moore, who was administrator of John M1-Murray, brought an action of debt in the county Court of Prince Edward, against Tohn Taggart, on a bond which was stated in the decía- ** ” * i«i ration to have been executed u to the said Robert Moore, as administrator of John RTMurrayP The defendant pleaded payment, but, a verdict being found against him, moved in arrest of judgment on the ground that the plaintiff, as executor, had no right to…
Decided 1813-01-09