Blanton v. Brackett
File:CallsReports1833V5BlantonvBrackett.pdf
In Blanton v. Brackett, Call Vol. V 232 (1804)[1] the court determined whether the plaintiff’s response to the defendant's Answer was adequate enough to avoid dismissal.
Background
In March 1797, Blanton owed Brackett £59.19 and 2 shillings on a bond. At the time, Anglea, who was indebted to Blanton, had a pending case against Brackett for slander. Anglea agreed to apply any monetary award from his case toward Blanton’s debt with Brackett. When the slander suit ended, Anglea recovered £100 damages against Brackett but Brackett went bankrupt and secretly transferred Blanton’s bond to Redd. Redd heard about the deal between Anglea and Blanton through the newspaper and seeing that the bond was useless secretly assigned it to Miller. Miller also learned about the agreement and brought suit regarding the bond to benefit Brackett and help him avoid paying Anglea’s judgment.
The Court's Decision
Chancellor Wythe dismissed the case. The Court of Appeals affirmed.
See also
References
- ↑ Daniel Call, Reports of Cases Argued and Decided in the Court of Appeals in Virginia, (Richmond: R. I. Smith, 1833), 232.
