Huffmans v. Walker

Citations

• 26 Va. 314
• 26 Gratt. 314

Syllabus

<p>W brings debt on a bond against H, and H pleads payment and set-off,, on which there is issue. H files with his plea a statement of the-payment, which was the amount of a bond of W and J to L, and that W agreed with H, if H would pay the bond due to L, H should have credit for the amount as a payment on the bond sued on. Held:</p> <p>1. H is a competent witness to prove what passed between himself and J in relation to the arrangement between him and J, for the procurement by H of the bond of L, though J is dead.</p> <p>2. If the plea is sustained by the evidence, the payment of the bond of L by H is a good payment pro tanto upon his bond to W.</p> <p>3. Payment of a debt is not necessarily a payment of money; but that is payment which the parties contract shall be accepted as payment.</p>