Difference between revisions of "Overstreet v. Randolph"
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==Background== | ==Background== | ||
| − | + | The plaintiff, John Holcomb Overstreet, gave defendant Richard Randolph an obligation to pay £300 in exchange for a slave; Randolph then assigned the obligation to co-defendant William Griffin. Overstreet claimed that Randolph had dealed extremely unfairly with him, and asked to be relieved of his obligation. | |
==The Court's Decision== | ==The Court's Decision== | ||
| − | + | The High Court of Chancery said that Griffin had paid valuable consideration to Randolph for the obligation and that Griffin had no idea that Randolph had dealt unfairly with Overstreet. Therefore, the court stated, under section 7 of Chapter 33 of the 1748 Virginia Acts of Assembly,<ref>6 Hening's Statutes 87.</ref> Griffin had as much equity as Overstreet and a legal right to the obligation, and so it would not relieve Overstreet of his obligation. | |
| − | |||
==Wythe's Discussion== | ==Wythe's Discussion== | ||
Revision as of 16:26, 10 June 2013
Overstreet v. Randolph, Wythe 47 (1789), was a case.[1]
Background
The plaintiff, John Holcomb Overstreet, gave defendant Richard Randolph an obligation to pay £300 in exchange for a slave; Randolph then assigned the obligation to co-defendant William Griffin. Overstreet claimed that Randolph had dealed extremely unfairly with him, and asked to be relieved of his obligation.
The Court's Decision
The High Court of Chancery said that Griffin had paid valuable consideration to Randolph for the obligation and that Griffin had no idea that Randolph had dealt unfairly with Overstreet. Therefore, the court stated, under section 7 of Chapter 33 of the 1748 Virginia Acts of Assembly,[2] Griffin had as much equity as Overstreet and a legal right to the obligation, and so it would not relieve Overstreet of his obligation.
