Ashby's adm'or v. Porter

Citations

• 26 Va. 455
• 26 Gratt. 455

Syllabus

<p>The note of A & Sons, partners, given in renewal of notes due before the war, was discounted at the bank in Winchester on the 30th of January 1862, and fell due on the 3d of April, when it was protested for non-payment. On the 7th of March, before the npte was due, the bank removed to Farmville, and there did business until the end of the war. A & Sons wishing to take up this note, agreed with P, whose business frequently carried him to Richmond, to take up the note for them, they agreeing to give him their note for the amount; and his agent Y having been sent to Richmond on the business of P, by his directions went on to Farmville and took up the note, paying the bank in Confederate money at par. On his return he took the note of A & Sons for $7723.24, dated the 19th of April 1862, payable in one year, which included principal, interest and charges, and their note was delivered to them. Nothing was said either when the arrangement was made with P, or when the note was given to him, as to the kind of currency in which it was to be paid. Held :</p> <p>1. The debt of A & Sons to P is a Confederate debt.</p> <p>2. It is to be scaled as of the date of the note, and not as of the date of its maturity.</p> <p>3. Though A is dead, and he is largely indebted individually as well as a partner, his real estate is equally liable for this partnership debt, as for his individual debts. See Code of 1849, ch. 144, l 13.</p>