Childress v. Morris

Citations

• 23 Va. 802

Syllabus

<p>1. Where the attempt is to enforce a legal demand in a court of equity, and the need of a discovery is the alleged ground of equity jurisdiction, and there is no averment in the bill that the discovery is material or necessary, the bill is demurrable.</p> <p>2. Where it appears at the hearing that the discovery was not necessary, the bill will be dismissed.</p> <p>3. C as administrator of B, sells ten shares of bank stock to M, upon which B had borrowed money from the bank, and had given his notes ; and M pays the full price of the stock to 0, on O’s undertaking, as administrator of B, to pay the notes. O pays one note but does not pay the other, and the bank retains the amount out of the dividends on the shares. Held :</p> <p>Heither the estate of B, nor the oficial sureties of C as administrator, are responsible for the failure of C to perform his undertaking.</p>