6 Va. 3
Decided October 21, 1817
Supreme Court of Virginia · decided 1817-10-21
In an action of assumpsit brought by Robert Higgins against John Jolliffe, in the Superior Court of Frederick County, the declaration contained two Counts; the first special, on an order drawn by the defendant, August IS, 1810, on a certain Obed Waite, directing him to pay to the plaintiff the sum of $108 85, “which the defendant by the said order stated he had lodged in the hands of the said Waite, and was the property of Major Higgins, (meaning the said plaintiff,) as…
Decided 1817-10-21
¶1This distinction is a new one to me. I should like to see an authority in support of it. Whether assumpsit or debt be brought on a promissory note, in either case the note is but evidence of the debt. According to Mr. Wickham’s argument, an executor may maintain debt on a note to himself, but cannot assumpsit.
¶2The Court affirmed the Judgment.