Carle v. Corhan

Citations

• 127 Va. 223
• 103 S.E. 699
• 1920 Va. LEXIS 45

Syllabus

<p>1. Aicswna-Answer of Coi'poration. as Evidence Against Corn.plainant.-There was a general waiver of an answer under oath in an amended bill against a corporation and other defendants, but there was also a subsequent special prayer therein for a discovery under oath from the corporatiön as to a certain fact. The disclosure in the corporation's answer was made in strict response to the prayer, and the answer was sworn to by the corporation?s president, in effect stating as facts such matters therein as came within hi~ own knowledge. It appeared from the record that the president necessarily had personal knowledge of the facts as to which the discovery was demanded.</p> <p>Held: That the answer of the corporation upon that point was evidence against the complainant, only to be overcome by the evidence of two witnesses, or of one witness and corroborating circumstances.</p> <p>2. ANswER-Answer of One Defendant as Evidenc'e for Another.The general rule is that the separate answer of one defendant cannot be used as evidence for a codefendant, but there are exceptions to this rule.</p> <p>8. ANSWER-AnsWer of One Defenda.nt as Evidence for Another-Answer of Corporation as Evidence of Codefendants-Promoters of Corporation-Case at Bar.-The answer of the corporation in the instant case falls within o~ne of the exceptions to the rule that an answer of one defendant is not evidence for a codefendant. The respondent corporation, as to this particular matter, stood in a relationship of privity with its codefenda~ts; and, moreover, the very form of the bill and its special prayer for discovery called for an answer, which, if adverse to complainant, necessarily established as a fact the very defense upon which the corporation's codefendants relied.</p> <p>4. CoEpoRATxoNs-Misno'~ner in Contracts and Deeds.-If it can be determined by evidence atiu.nde what corporation is i~itcnded, the court will give effect to the instrument (grant, contract, will, etc.), regardless of the error i