Switzer v. Noffsinger

Citations

• 82 Va. 518

Syllabus

<p>1. Equitable Assignments—Drawee—Notice—Security.—No particular form is necessary to constitute an equitable assignment of debt or chose in action. Order for value appropriating a fund, is sufficient. No action can be maintained against drawee without his acceptance. Notice to debtor is essential to perfect title. Until such notice, the assignment is liable to all equities between debtor and assignor. Assignment of debt carries the security.</p> <p>2. Chancery Practice—Statute of Limitations.—Equity applies bar of statute in analogy to the enactment. Hutcheson v. Grubbs, 80 Va. 251.</p> <p>3. Statute of Limitations—Replication.—Where the bar is pleaded, plaintiff, to bring himself within its savings, must set forth the facts relied on either by replication or by amending his bill.</p> <p>4. Idem—Neiu promise—Acknowledgment—New promise to remove the bar must be determinate and unequivocal, and by one against whom the right to maintain an action has accrued. Code 1873, ch. 146, sec. 10. Acknowledgment from which promise may be implied must be unqualified. Bell v. Crawford, 8 Gratt. 110.</p> <p>5. Case at bar.—Here the bar of the statute applied, and no sufficient promise or acknowledgment to repel that bar was proved.</p>