4 Munf. 442 | Va. | 1815
the president pronounced the following opinion of this court.
The declaration in this case is upon a bond executed to fiustint as acting partner to the late house of Austin and An-,
The court is farther of opinion, that the note, which is set forth in the bill of exceptions, not being acknowledged to be under the seal of the parties, but under their hands, and being" also expressed to be for valuable consideration, (a circumstance not necessary, and unusual, in a bond under seal,) though a scroll is annexed to it, ought to have been received as evidence of payment, to the amount thereof, on the third general- plea of payment in the pleadings set out; and therefore the court also erred in refusing to admit it to go to the jury. The judgment is therefore reversed with costs, and the suit dismissed.