Reports of Cases in the Supreme Court of Appeals of Virginia (Volume 97) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1900 Excerpt: ... Winfree v. First National Bank Of Lexington. April 6, 1899. 1. Principal And Agent--Special Agent--Transgressing Authority.--A special agent who is authorized to dismiss the suit of his principal only on special terms designated in writing transgresses his authority in dismissing the suit on any other terms, without the knowledge of his principal, and the right of the principal to prosecute a new suit for the same debt, and to recover judgment therefor against principal and surety is unaffected by such dismissal. 2. Appeal And Error--Erroneous Instructions--Correct Verdict--Barm less Error.--This court will not reverse the action of the trial court on accbunt of erroneous instructions given, where it can be seen from the whole record that, even under correct instructions, a different verdict could not have been found by the jury. Error to a judgment of the Corporation Court of the city of Lynchburg rendered October 16, 1897, in a proceeding by a motion for a judgment for money, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. Affirmed. The opinion states the case. J. E. Edmunds and Harrison & Long, for the plaintiff in error. Caskie & Coleman and Winbourne & Batchelor, for the defendant in error. Harrison, J., delivered the opinion of the court. Opinion. This was a proceeding by motion to recover judgment on a negotiable note made by B. E. Hughes, and endorsed by J. B. Winfree. The endorser resisted the judgment upon the following grounds of defence: "1. That the plaintiff extended the time of payment of the note on which its action is brought, by a binding agreement with the principal, B. E. Hughes, without the consent of the endorser and defendant, John B. Winfree. "2. That the plaintiff brought its action ag...