Brown v. Rice's adm'r

Citations

• 26 Va. 467
• 26 Gratt. 467

Syllabus

<p>A & J, partners, give two notes to R. They both die, A being the survivor. At the death of A both notes are barred by the statute of limitations. After the death of A, R knowing that the notes were barred 'by the statute, fraudulently, or under a mistake of the law, represents to B, his administratrix, that said notes are unpaid, and are valid and in full force in law against the estates of A & J, and proposes that if B will give her bond to R for one-half the amount of the notes, R will settle the other half with J’s'representative, who is R’s daughter; and thereupon B trusting to these representations, executes her bond to R for the amount of one-half of the notes. Held :</p> <p>1. If this was a misrepresentation of the law, still it is a case in which equity will relieve B; and the defence may be made at law by plea under the statute setting out the facts.</p> <p>2. But it was in truth a misrepresentation of a fact; and the facts set-out in a plea is a good defence to an action on the bond by R’s adm’x against B.</p>