Page's Ex'r v. Winston's Adm'r

First page of the opinion Page's Ex'r v. Winston's Adm'r, in Reports of Cases Argued and Determined in the Supreme Court of Appeals of Virginia, by William Munford. New York: I. Riley, 1814.

Page's Ex'r v. Winston's Adm'r, 16 Va. (2 Munf.) 298 (1811), was a case involving a contract dispute.

Background

William Fleming Gaines, the executor of Robert Page, offered to buy various escape-warrants from John C. Littlepage. John agreed to sell the warrants for twelve months credit plus interest starting from the date of the agreement. William paid John a bond for the warrants using Macon Green as his surety. However, William was unsure whether Macon would actually agree to the deal. William and John, then stipulated that William would sign the bond with a blank page for his surety. They also agreed that if William did not obtain surety by the time the warrants were heard in Hanover County Court the contract would be void. William asked Macon to be his surety but Macon refused. William tried to find other people to be his security, but everyone refused and William considered the contract void. After a year passed, John approached William about payment for the warrants. William argued that the contract was void, but John threatened to sue for his money. William told John that if he wanted money, he should give him the warrants, but John refused. Edward Winston, a representative for William, sued in the High Court of Chancery. Edward requested the court grant Williams an injunction against any potential judgments John may obtain against William.

The Court's Decision

Chancellor Wythe granted the injunction and stayed any proceedings. The succeeding Chancellor, Creed Taylor, perpetuated the injunction during a hearing. On appeal, the Court unanimously affirmed the decision.

See also

• Wythe's Judicial Career