Bennett v. Federal Coal & Coke Co.
West Virginia Supreme Court
Error to Circuit Court, Marion County. Action by John B. Bennett against the Federal Coal & Coke Company. Judgment tor defendant, and plaintiff brings error,
1Opinion of the Court
Milleh, Judge :
Plaintiff brings error to the judgment below,- setting aside the verdict in his favor and awarding defendant a new trial.
The suit was in assumpsit, and except one item, “To one dump cart, $50.00,” the purpose of the suit is to recover' interest on the principal sum, $21,085.00, for building certain ■ coke ovens, during the year 1905-06, audited and credited by defendant to plaintiff, some months prior to payment.
*458The correctness of the judgment below and the rulings of the court on the trial, and in the giving and refusing of instructions to the jury, for the most part, depend…
2Cases cited12 opinions
- Stewart v. BarnesSupreme Court of the United States · 1894
- Fake v. Addy'sCourt for the Trial of Impeachments and Correction of Errors · 1835
- Davis v. HarringtonMassachusetts Supreme Judicial Court · 1894
- Southern Central Railroad v. Town of MoraviaNew York Supreme Court · 1871
- Hatcher v. LewisCourt of Appeals of Virginia · 1826
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3Cited by20 opinions
- Girard Trust Co. v. United StatesSupreme Court of the United States · 1926
- Nelson v. Chicago Mill & Lumber CorporationCourt of Appeals for the Eighth Circuit · 1935
- Bischoff v. FrancesaWest Virginia Supreme Court · 1949
- Grennon v. New Orleans Public Service, Inc.Louisiana Court of Appeal · 1931
- Middle-West Concrete Forming & Equipment Co. v. General Insurance Co. of AmericaWest Virginia Supreme Court · 1980
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