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BENNETT v. FIRST NATIONAL BANK OF NORFOLK

194 S.E.2d 903 (1973)

213 Va. 672

Robert H. BENNETT v. FIRST NATIONAL BANK OF NORFOLK.

Supreme Court of Virginia.

March 5, 1973.

Attorney(s) appearing for the Case

Grover C. Wright, Jr., Richmond (Caton & Wright, Virginia Beach, on brief), for plaintiff in error.

Frederick M. Quayle, Norfolk (Rixey & Rixey, Norfolk, on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

COCHRAN, Justice.

First National Bank of Norfolk brought this action against Robert H. Bennett for $9,500, with interest, costs and attorney fees, for default in payment of a promissory note dated March 19, 1970, made by Bennett. As grounds of defense Bennett relied on want or failure of consideration, duress and fraud by the Bank in inducing him to sign the note, and conditional or qualified delivery. The trial judge,...

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