Legal Opinion

Swing v. Bentley & Gerwig Furniture Co.

West Virginia Supreme Court

Decided November 23, 1898PublishedCited by 5 opinions

Error to Circuit Court, Wood County. Assumpsit by James B. Swing, trustee, against the Bentley & Gerwig Furniture Company. There was a judgment for defendant, and plaintiff brings error.

1Opinion of the Court

Dent, Judge:

On the 23d day of July, 1897, Janies B. Swing, trustee of the creditors and stockholders of the Union Mutual Fire Insurance Company of Cincinnati, Ohio, in the Circuit Court of Wood County instituted an action of assumpsit against the Bentley & Gerwig Furniture Company on the following note: “In consideration of the policy No. 1)067, dated the first day of October, 1888, we promise to pay the Union Mutual Fire Insurance Company of Cincinnati, Ohio, the sum of four hundred and sixty-four dollars and sixty cents ($464.60), by such installments and at such times as the directors of…

2Cases cited4 opinions

  1. Booth v. ClarkSupreme Court of the United States · 1855
  2. Hawkins v. GlennSupreme Court of the United States · 1889
  3. Nimick & Co. v. Mingo Iron Works Co.West Virginia Supreme Court · 1884
  4. Grogan v. EgbertWest Virginia Supreme Court · 1897

3Cited by5 opinions

  1. Trust Co. of Ga. v. Mortgage-Bond Co. of N. Y.Supreme Court of Georgia · 1948
  2. Rainey v. Freeport Smokeless Coal & Coking Co.West Virginia Supreme Court · 1905
  3. Pfaff v. GruenMissouri Court of Appeals · 1902
  4. State ex rel. Shull v. United States Fidelity & Guaranty Co.West Virginia Supreme Court · 1917
  5. Slaughter v. CommonwealthSupreme Court of Virginia · 1856

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