Difference between revisions of "Hook v. Ross"

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{{DISPLAYTITLE:''Hook v. Ross''}}
 
{{DISPLAYTITLE:''Hook v. Ross''}}
[[File:Hening&MunfordsReports1809V1HookvRoss.pdf|link=Media:Hening&MunfordsReports1809V1HookvRoss.pdf|thumb|right|300px|First page of the opinion [[Media:Hening&MunfordsReports1809V1HookvRoss.pdf|''Hook v. Ross'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''Reports of Cases Argued and Determined in the Supreme Court of Appeals of Virginia: with Select Cases, relating Chiefly to Points of Practice, Decided by the Superior Court of Chancery for the Richmond District''], by William Hening and William Munford. 2nd ed. Flatbush: I. Riley, 1809.]]
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[[File:HeningMunfordHookvRoss1809v1p310.jpg|link={{filepath:Hening&MunfordsReports1809V1HookvRoss.pdf}}|thumb|right|300px|First page of the opinion [[Media:Hening&MunfordsReports1809V1HookvRoss.pdf|''Hook v. Ross'']], in [http://wm-primo.hosted.exlibrisgroup.com/01COWM_WM:EVERYTHING:01COWM_WM_ALMA21593279330003196 ''Reports of Cases Argued and Determined in the Supreme Court of Appeals of Virginia: with Select Cases, relating Chiefly to Points of Practice, Decided by the Superior Court of Chancery for the Richmond District''], by William Hening and William Munford. 2nd ed. Flatbush: I. Riley, 1809.]]
  
[[Media:Hening&MunfordsReports1809V1HookvRoss.pdf|''Hook v. Ross'']], Hening & Munford Vol. I 310 citation (1807), <ref>William Hening & William Munford, ''[[Reports of Cases Argued and Determined in the Supreme Court of Appeals of Virginia: with Select Cases, relating Chiefly to Points of Practice, Decided by the Superior Court of Chancery for the Richmond District]],'' 2nd ed. (Flatbush: I. Riley, 1809), 310.</ref> was case that determined whether a defendant’s refusal to obey a court order, which caused the Court of Equity to prejudice every presumption against him, would also warrant a monetary judgment when the suit was brought for the specific performance of a contract.
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[[Media:Hening&MunfordsReports1809V1HookvRoss.pdf|''Hook v. Ross'']], 11 Va. (1 Hen. & M.) 310 (1807),<ref>William Hening & William Munford, ''Reports of Cases Argued and Determined in the Supreme Court of Appeals of Virginia: with Select Cases, relating Chiefly to Points of Practice, Decided by the Superior Court of Chancery for the Richmond District,'' 2nd ed. (Flatbush: I. Riley, 1809), 1:310.</ref> was a case that determined whether a defendant’s refusal to obey a court order, which caused the Court of Equity to prejudice every presumption against him, would also warrant a monetary judgment when the suit was brought for the specific performance of a contract.
  
 
==Background==
 
==Background==
 
In 1793, Ross sued Hook in the High Court of Chancery to obtain a settlement regarding a mercantile connection they formed in 1771 and to obtain an account of how much was owed to Ross from the connection.
 
In 1793, Ross sued Hook in the High Court of Chancery to obtain a settlement regarding a mercantile connection they formed in 1771 and to obtain an account of how much was owed to Ross from the connection.
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===The Court's Decision===
 
===The Court's Decision===
Chancellor Wythe directed that a sum money should be paid instead of specific performance of the negotiation. The Court of Appeals reversed and annulled the decree.
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[[George Wythe|Chancellor Wythe]] directed that a sum money should be paid instead of specific performance of the negotiation. The Court of Appeals reversed and annulled the decree.
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==See also==
 
==See also==
 
*[[Wythe's Judicial Career]]
 
*[[Wythe's Judicial Career]]
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[[Category: Cases]]
 
[[Category: Cases]]
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[[Category: Contracts]]
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[[Category: Procedure]]

Latest revision as of 16:01, 4 September 2018

Hook v. Ross, 11 Va. (1 Hen. & M.) 310 (1807),[1] was a case that determined whether a defendant’s refusal to obey a court order, which caused the Court of Equity to prejudice every presumption against him, would also warrant a monetary judgment when the suit was brought for the specific performance of a contract.

Background

In 1793, Ross sued Hook in the High Court of Chancery to obtain a settlement regarding a mercantile connection they formed in 1771 and to obtain an account of how much was owed to Ross from the connection.

The Court's Decision

Chancellor Wythe directed that a sum money should be paid instead of specific performance of the negotiation. The Court of Appeals reversed and annulled the decree.

See also

References

  1. William Hening & William Munford, Reports of Cases Argued and Determined in the Supreme Court of Appeals of Virginia: with Select Cases, relating Chiefly to Points of Practice, Decided by the Superior Court of Chancery for the Richmond District, 2nd ed. (Flatbush: I. Riley, 1809), 1:310.