Hastings v. Grump
West Virginia Supreme Court
Error to Circuit Court, Ohio County. Action by Jerry J. Hastings against James F. Gump and others. Defendant Gump’s motion to quash a notice for judgment against him as indorser on a note overruled, and he brings error.
1Opinion of the Court
Miller, Judge:
The first question presented is whether the court below erred in overruling Gump’s motion to quash the notice for judgment against him as endorser upon the note of N. P. Clark, payable to and endorsed by him to Hastings, for $925.12.
The ground of Gump’s motion to quash went to the right of plaintiff to recover and not to the sufficiency of the notice as process to answer the complaint, in that it was not alleged that the note ivas on the day of maturity presented for payment at the Exchange Bank of Mannington, W. Va., and notice of its dishonor given him, or waiver by him of…
2Cases cited8 opinions
- Security Loan & Trust Co. v. FieldsSupreme Court of Virginia · 1910
- Thompson v. CurryWest Virginia Supreme Court · 1917
- Shepherd v. BrownWest Virginia Supreme Court · 1887
- Anderson v. PrinceWest Virginia Supreme Court · 1906
- Galbraith v. ShepardWashington Supreme Court · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Case v. McKinnisOregon Supreme Court · 1923
- Citizens National Bank v. DixonWest Virginia Supreme Court · 1923
- Mountain State Water Co. v. Town of KingwoodWest Virginia Supreme Court · 1939
- Charlton v. PancakeWest Virginia Supreme Court · 1925
- Martin v. WalkerWest Virginia Supreme Court · 1923
3 more not listed; retrieve them via the Exa API.