Gaus v. Kammer
West Virginia Supreme Court
Supersedeas to a judgment of the circuit court of' Ohio county, rendered on the twenty-eighth day of May; 1874, in a suit then pending in said court, between Conrad A. Gaus, plaintiff, and Benno Kammer, Robert. G. Barr and Peter Erb, defendants. The supersedeas was granted on the petition of Barr. The other facts and a sufficient statement of the testimony set forth in the bill of exceptions taken to the opinion oi the court below, are contained in the opinion of the Court.
Read the full summary
Supersedeas to a judgment of the circuit court of' Ohio county, rendered on the twenty-eighth day of May; 1874, in a suit then pending in said court, between Conrad A. Gaus, plaintiff, and Benno Kammer, Robert. G. Barr and Peter Erb, defendants. The supersedeas was granted on the petition of Barr. The other facts and a sufficient statement of the testimony set forth in the bill of exceptions taken to the opinion oi the court below, are contained in the opinion of the Court. The Hon. Thayer Melvin, judge of said circuit court,, presided at the trial below.
1Opinion of the Court
GrueN, Judge:
This was an action of assumpsit, brought in 1874, in the circuit court of Ohio county, by Conrad A. Gaus v. Benno Kammer, Robert G. Barr and Peter Erb, founded on the following note:
*65“Wheeling, W. VA./Feb. 3, 1873.
$500.00.
_ One year after date, I promise to pay to the order of R. G. Barr and Peter Erb, five hundred dollars, value received, negotiable and payable at the German Bank of Wheeling, with 8 per "cent, interest from date.
Endorsed. B. Kammer.”
Peter Erb,
B. G. Barr.”
The name of B. G. Barr, in the body of the note, appears to have been "written over the name of F. Weymer,…
2Cases cited1 opinion
- Newlin v. BeardWest Virginia Supreme Court · 1873
3Cited by4 opinions
- Dower v. ChurchWest Virginia Supreme Court · 1882
- Watson v. WiggintonWest Virginia Supreme Court · 1886
- Morris's Admr. v. Peyton's Admr.West Virginia Supreme Court · 1886
- White Flame Coal Co. v. BurgessWest Virginia Supreme Court · 1920