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6 Va. 20

Lockridge v. Carlisle

Supreme Court of Virginia

Decided August 22, 1827

Supreme Court of Virginia · decided 1827-08-22

This was an action of covenant brought in the Superior Court of Bath County, by Carlisle against Lockridge. The covenant was in these words: “Received of John Carlisle notes on men in Virginia, for collection, to the amount of nine hundred and ninety-six pounds, which I will be bound to him for the amount.

Decided 1827-08-22

¶1August 21.

JUDGE CABELL

¶2delivered the opinion of the Court.||

¶3The covenant was, not to pay at all events, but that he would use reasonable diligence in collecting the debts, and would pay the amount collected, upon request. The demurrer, therefore, should have teen sustained, and Judgment given /or the Defendant.

¶4Moreover, there was no issue joined on the second plea, there being no replication. There cannot be a joinder of issue, without a replication, where the plea concludes with a verification.

¶5Judgment to be reversed, and entered for the Appellant.

¶6 The President. and Judge Coadter, absent.

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