Triplett v. Goff's Administrator

Citations

• 83 Va. 784
• 3 S.E. 525
• 1887 Va. LEXIS 123

Syllabus

<p>1. Personal Representatives-Commissioner.-In action by administrator of commissioner on bonds taken for price of lands sold by him, it is allowable to state in the declaration that it is for use of his successor, and defendant may have rule on the latter to avow and prosecute, or disavow and dismiss action. Clarksons v. Doddridge, 14 Gratt. 42.</p> <p>2. Idem-Evidence-Habits.-In action against surety on a bond, evidence of his habits as respects becoming surety for persons is inadmissible. Bank v. Stewart, 114 U. S. 224.</p> <p>S. Idem-Res inter alios acta-Irrelevant.-Evidence of acts and conversations of third parties is irrelevant and inadmissible to show that defendant was fraudulently induced by them to execute the bond sued on, unless plaintiff is shown to have participated in the fraud. Relevancy must always be shown by him offering the evidence.</p>