Taliaferro v. Robb , 6 Va. 217 ( 1800 )

LYONS, Judge.

Delivered the resolution of the Court, that, in order to render the defendant liable, it ought to have been averred, in the declaration, that the defendant had assets,^† or that the plaintiff forborne,^‡ or that there was some other consideration. But, this having been omitted, that the judgment was erroneous, and to be reversed; and judgment on the verdict arrested, on account of the insufficiency of the declaration. ^§

† [† Trewinian v. Horvell Cro. Eliz. 91.]

‡ [‡ Bane's Case, 9 Rep. 94, Goring v. Goring, Yelv. 11; Scot v. Stephenson, 1 Lev. 71.]

§ [§ See Hindsley v. Russell, ex'r. 12 East, 232.]