Foster v. Clarke

Decided February 19, 1817

Supreme Court of Virginia · decided 1817-02-19

THE Appellee having obtained a Judgment, on motion in a summary way, against the Appellant, in the County Court of Hanover for the sum of 42i. 12s. 6d., paid by the former, in the year 1799, as Security for the latter; the Appellant obtained an Injunction from the Superior Court of Chancery, for the Richmond District; alleging, in his Bill, that the Appellee was largely indebted to him on various accounts, particularly as partner in a Mercantile Company; that a balance was…

Cited by 2 later decisions — most recently April 1880

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1817-02-19

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¶1February 1817.

Judge Roane

¶2pronounced the Court’s opinion.

¶3The Court is of opinion that, as the sum in question was paid by the Appellee in the year 1799, and as the Appellee himself admits or contends, in his exceptions, that the other transactions between the parties, as of that date, should be Considered as settled, in consequence of the lapse of time and the relations, which then existed between them, it is not equitable in him to select and rely upon this item in exclusion of others. On this ground, the Court reverses the Decree with Costs, and perpetuates the Injunction.