Legal Opinion

Parkersburg National Bank v. Als

West Virginia Supreme Court

Decided July 15, 1871PublishedCited by 15 opinions

Action of assumpsit brought by Andy Als in the circuit court of Wood county to August rules, 1869. Judgment at October term following, for plaintiff, for two thousand and ninety-eight dollars and nine cents, with interest on one thousand one hundred dollars thereof from June 7th, 1866, and on the residue from October 80th, 1866. The following is the bill of particulars filed with the declaration : The Parkersburg National Bane, To Andy Als.

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Action of assumpsit brought by Andy Als in the circuit court of Wood county to August rules, 1869. Judgment at October term following, for plaintiff, for two thousand and ninety-eight dollars and nine cents, with interest on one thousand one hundred dollars thereof from June 7th, 1866, and on the residue from October 80th, 1866. The following is the bill of particulars filed with the declaration : The Parkersburg National Bane, To Andy Als. Dr. 1866. June 7.-To money deposited on this day and not credited to my account and not accounted for.151,100 00 Oct. 30.-To amount of Accrued interest on…

1Opinion of the CourtMaxwell, J.

The first cause of error assigned is, the court below erred in refusing to give the instructions asked for in bill of exceptions No. 1. The objection to this instruction is that it asks the court to assume that the settlement made between the parties on the 21st day of May, 1867, was binding upon the plaintiff, whether there was any mistake in it *55or not, which is taking from the jury the determination of the facts in the case. The instruction was therefore properly refused. Another ground assigned as error is that it was error not to give the instructions in bill of exceptions No. 3. The…

2Cited by15 opinions

  1. Carrico v. West Virginia Cent. & P. R'y Co.West Virginia Supreme Court · 1894
  2. Bentley v. Standard Fire InsuranceWest Virginia Supreme Court · 1895
  3. Harman & Crockett v. Maddy Bros.West Virginia Supreme Court · 1905
  4. Calwell v. Caperton's Adm'rsWest Virginia Supreme Court · 1886
  5. Mahnke v. NealeWest Virginia Supreme Court · 1883

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