Newbrau v. Snider
West Virginia Supreme Court
In February, 18(?0, Alexander Snider brought Ms action of assumpsit against Eugenios Newbrau in the county court of Monongalia.
Read the full summary
In February, 18(?0, Alexander Snider brought Ms action of assumpsit against Eugenios Newbrau in the county court of Monongalia. At the March rules he filed his declaration containing the usual common counts and also a special count alleging that, on the 12th day of September, 1857, at the request of the defendant he loaned to him the sum of three hundred dollars to buy sheep with, and then and there undertook and promised the plaintiff, that he would purchase sheep with said sum of money, and at the end of the year from the date of the loan, defendant would repay the full amount of the loan,…
1Opinion of the Court
Thomas "W. Harrison, J.,
delivered tbe opinion of tbe court.
Tbe plaintiff in tbe court below instituted bis action of assumpsit to recover of tbe defendant 300 dollars, which be claimed be bad loaned him, and 100 dollars, one half of tbe profits made with the 300 dollars by trading in sheep. Defendant pleaded non-assumpsit. Tbe plaintiff submitted bis evidence to sustain the issue,on bis part. Tbe defendant demurred to it, and tbe plaintiff joined in tbe demurrer. Upon tbe demurrer tbe county court gave judgment for the defendant. Tbe circuit court reversed the judgment of tbe county court,…
2Cited by3 opinions
- Annon v. BrownWest Virginia Supreme Court · 1909
- Parsons v. ParsonsWest Virginia Supreme Court · 1926
- Duncan v. DuncanWest Virginia Supreme Court · 1939