Court of Appeals of Virginia, 1793

Tomlin v. Kelly

Tomlin v. Kelly
Court of Appeals of Virginia · Decided April 15, 1793
1 Va. 242

Tomlin v. Kelly

Opinion of the Court

The President

delivered the opinion of the Court.

In discussing the case, of Beale v. Edmundson, it was agreed, by the unanimous opinion of a full Court, that the Act of 1779, applied only to the store accounts of retail dealers; and we should feel ourselves bound by that opinion, unless it were over-ruled by as full a Court, even if our sentiments at this time, respecting the principle then established, were different from what they then were. But the present Court retain the same opinion upon the subject; and must therefore pronounce the law to be in favour of the plaintiffs, upon the special conclusion of the verdict.

Judgment reversed, and to be entered for the plaintiff

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