Norvell v. Hudgins

Decided November 22, 1815

Supreme Court of Virginia · decided 1815-11-22

Thomas Norvell, assignee of John Ellis, brought an act^on on a Promissory note, against Iioulder Hudgins, in the superior court of Mathews county. The declaration was *n ^ie usual form, except that no consideration for the assignment was alleged ; and, that the defendant was charg- ' . ., , . , , , , , . ed as not having paid the amount ot the note to the filamwithout any charge that he had not paid it to Ellis, the assignor.

Good law ✅— No negative treatment on recordhow we know

Decided 1815-11-22

How this case has been cited

Cited by 4 later decisions — most recently April 1905

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Judge Roane

¶1pronounced the court’s opinion, as follows :

¶2“ The court affirms the judgment of the superior court on this ground, without noticing any other; — that the declaration is too defective to maintain the action, in this ; that the same does not aver that the money purported by the *499note to be due was not paid to John Ellis, the drawee, but only that it was not paid to the plaintiff.’’

¶3The sentiments of the court were afterwards notified, for information of the parties, that the instructions to the jury, stated in both the bills of exceptions, were correct; but, that the appellant might maintain another action, if he could make put a new and better case.