Legal Opinion

Fruit Dispatch Co. v. Ellis

West Virginia Supreme Court

Decided October 6, 1914PublishedCited by 5 opinions

Error to Circuit Court, Marshall County. Assumpsit by the Fruit Dispatch Company against- George Ellis, doing business, etc. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

Williams, Judge:

This action of assumpsit was brought by the Fruit Dispatch Company against George Ellis to recover $264.68, the price of a car load of bananas alleged to have been purchased by him on the 16th of June, 1910. There was a judgment for defendant and plaintiff brings error.

Defendant was engaged in buying and selling fruit in the city of Moundsville in the name of the Moundsville Produce Company. He had been agent and buyer for that company from 1904 to 1907, when he purchased the business, and continued it ip the original name, but paid his bills by individual check. From 1904 to…

2Cases cited4 opinions

  1. Coles v. Jefferson Ins. Co.West Virginia Supreme Court · 1895
  2. Bank v. BryanWest Virginia Supreme Court · 1913
  3. Rohrbough v. United States Express Co.West Virginia Supreme Court · 1901
  4. Board of Education v. HarveyWest Virginia Supreme Court · 1912

3Cited by5 opinions

  1. Warden v. Bank of MingoWest Virginia Supreme Court · 1985
  2. Fairview Fruit Co. v. H. P. Brydon & BrotherWest Virginia Supreme Court · 1920
  3. Thomas v. Gulf Banana Dispatch Co.Court of Appeals of Texas · 1930
  4. Virginian Railway Co. v. StokeSupreme Court of Virginia · 1922
  5. Fruit Dispatch Co. v. ManosSupreme Court of Georgia · 1916

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