Alexandria Savings Institution v. McVeigh

Citations

• 84 Va. 41
• 3 S.E. 885
• 1887 Va. LEXIS 6

Syllabus

<p>1. Negotiable Instruments—Notice of protest—State of war.—In suit against endorser of negotiable note, it appeared that defendant, at and for a time prior to maturity and protest of note, was with his family within the Confederate lines because of the presence of the Federal army in the city of his residence, and did not return until the close of the war. Notice of protest was left with the servant in charge of his house in said city:</p> <p>Held :</p> <p>Not to be sufficient to fix his liability as such endorser, if defendant’s absence was, or might, by reasonable diligence, have been known to the holder of the note. McVeigh v. Bank, 26 Gratt., 785.</p> <p>2. Appellate Court—First appeal—•Second appeal.—It is the well settled rule of this court that a question which has been decided upon the first appeal in any cause, cannot be reviewed or reversed upon any subsequent appeal in the same cause. Stuart & Palmer v. Preston, 80 Va., 625.</p> <p>8. Instructions—Federal questions.—The court will not give instructions injecting irrelevant federal questions into the case. Bank v. McVeigh, 98 U. S., 832.</p>