The times. [volume] (Richmond, Va.) 1890-1903, 1898-01-21

titioner has the right OF removal o'on'
VS.. SO. Caroline. III L. s.. 49,
Plea No. = presented the deie"ce vi
fraud in the procurement OF the con-
tract-not competent at common law az
defence to a seated instrument. but other
wise by statute. Code. section S@"' 20
lumbia Accident Insurance Company W..
Hockey. % Virginia. s7s The plea al
leges that the company was Induced 10
become surety for Hammer as teller OF the
bank by tho positive representation IN
writing made on behalf of the bank by It's
cashier that Hammer was never III ar
rear. that mis- accounts. casn, NoucherS'
&c. were last examined I'm 1888 by
committee OF the directors and found
correct; that but for these representa-
tons Il would not have executed the
bond. and that the representations were
false.
Held: The representations were OF eN-
listing facts were material. were pre-
sumably within the peculiar knowidege
OF the bank and its officers and consti-
tuted an induce ment TO the company. on
which II had the right to rely TO execste
the bond. IL was immateriaI whether the
bank knew that they were false or nom
estly believed them 10 be true the real
question is not what the party making
tho statement knew or believed, but IL
was false. and the other party misled
by II. Lynchburg Fire Insurance Com
pany VS.. West. IS Virginia. 90; Max
MeGdows Lan1 and 1mpr )vernent tom-
pany VS.. Brady. % Virginia -; Wilson
vs.. Carpenter, 81 Virginia 1S. Nor was
tho allegation necessary that the cashier
was authorized TO make the statement.
II is alleged that II was made for and on
behalf OF the bank. and the plea con-
tains the essential allegation that the OK
ecution OF the bond was induced by GER
tain false representations. The bank can
not appropriate the benefit and repudiate
the burden. but holds the bond subject
10 the faint OF any false representations.
The defence presented by the plea was
valid one II proved; It could not be made
under any plea that was admitted. ond
the court erred in rejecting II.
SUMMARIES.
Judge James Keith. resident-Schmelz
Brothers vs. Rix & Bentley. Circuit
Court city of Newport News. Reversed.
Frank Il ais. VS.. Peoples National Bank
of LynchburG & ais. Corporation Court
city OF Lynchburs. Affirmed.
Chesapeake and Ohio Railway vs.
Chambers. Clrcuir Court Of Fluvana
county. Affirmed.
Dezendorf vs.. Humphreys Son *
ais. and Lownsberry & ais. VS.. humph-
reys e. Son q ais. Law and Chancery
Court city Of Norfolk Reversed.
Judge John W. Riley-Williams vs.. Tom
lin & ais. Circuit Court of Hanover
county. Affirmed.
Guarantee ComIany Of North America
VS. First National Bank OF Lynchburg.
Circuit Court city OF Lynchburg. Re-
versed.
Virginia Fire and Marine Insurance
Company vs.. New York Carousel Com
paly. Circuit Court of the city OF Rich
mond. Reversed.
Judge John A. Buchanan-Board Of Su-
pervisors of Alexandria county VS.. city
Council of Alexandria. Circuit Court city
Of Richmond. Appeal dismissed as i'm
providenty awarded.
New York Life Insurance Company vs..
Talaferro. Lew and Chancery Court,
city OF Norfolk. Affirmed.
Townsend q; ais. vs.. Outten & ale ~
and Chancery Court city OF Norfolk Al
firmed.
Gnmaa & ais. VS.. Ryan * ais. Chan
Gerry Court city OF Richmond. Affirmed.
Judge George NJ. Harrison-Selden &
ais. vs. Camp e ais. Law and Chancery
Court city OF Norfolk. Affirmed.
Greer, receiver Franklin Bank VS.. Hale.
Circuit Court of Franklin county. Az
frmed.
Cussens VS. Talbot &c ais Chancery
Court city of Richmond Appeal and
supersedeas Bond 500.
Pennell vs. Zimmerman. Circuit Court
of Tazewell county Writ OF error and
supersedeas Bond 500.
Kelly vs.. Fairmont Land Company. etc.
Lew and Equity Court city of Richmond.
Appeal allowed. Bond 5000.
-fvfa fol. r,ft1ar
Court OF Culpeper county Writ Of error
awarded Bond 800.
Davis VS.. Hippert. Chancery Court
city of Richmond. Appeal and superse-
IDEAS. Bond 800.
Matney VS.. Radcliffe. Circuit Court of
Buchanan county. Appeal and super
sedeas. Bond $1,000
Rollers Admr. VS.. c. A. r. Moore &
ais. Circuit court Of Rockingham coun-
~. Appeal allowed. No bond.
Hensley VS.. Hensley & ais. Circuit
Court Of Rockingham. Appeal refused.
Cents Exer. vs.. Burris e ais. Circuit
Court Of Russell county. Appeal re-
fused.
Martin & ais. VS. Parks Inspector & ais.
Circuit Court OF Isle of Wight. Appeal
refused.
Hodnctt & ais VS.. Lester & ais. Cir
cult Court city Of Roanoke. Appeal re-
fused.
Wingo. Enstt. etc. VS.. Templeman. Cir
cult Court Of Wise county. Appeal re-
fused
Morris & ais. vs. Courtney & ais. Cor
poration Court city OF Lynchburg. APP
peal refused.
Coons vs.. Coons. Petition 10 rehear.
Petition refused.
Franklin VS.. Peers. clerk Argued by
Judge l.. l.. Lewis for plaintiff and Judge
J. ID. Horsley for defendant and submit
ted.
Shipman against Fletcher Argued by
X. w. Moore. Esq. for appellant and A
w. ARR strong Esq. for appellees and
continued until to-day.
The next cases TO BE- called are Aetna
Life insurance Company OF Hartford.
Conn. vs. Ragsdale and A. & d. Railroad
Company ". James
W. w. SCOTT.
NO REDUCTIOy HERE.