Maxwell, Campbell & Tingle v. City of Wheeling
West Virginia Supreme Court
Supersedeas and appeal, granted on the petition of City of Wheeling, from a decree, of the circuit court of Ohio county, rendered on the nineteenth day of.
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Supersedeas and appeal, granted on the petition of City of Wheeling, from a decree, of the circuit court of Ohio county, rendered on the nineteenth day of. June, 1875, in a suit then pending in said court, wherein James Maxwell, Thomas J. Campbell, and George R. Tingle, as partners under the firm name of Maxwell, Campbell & Tingle, were complainants, and Conrad Maier and John S. McKinley, as partners, under the.firm, name of Maier & McKinley, the said City of Wheeling, Andrew J. Sweeney, as trustee, and also, as Mayor of s.aicl* City of Wheeling, and.Sobiesld Brady, were respondents. The…
1Opinion of the Court
Edmiston, Judge :
Maier & McKinley were partners'in a wharf-boat and a grocery store consisting, mostly, ofsteairiboat-supplies. On the twenty-first clay 6f December, 1866, Maier, being a defaulter to the City of Wheeling, as wharfmaster,'for a considerable sum, executed a Certain paper in the following words : “Whereas, I, Conrad Maier, am indebted to the City ot Wheeling, as wharfmaster of said' city, in an amount not yet ascertained, and I am desirous to secure the payment thereof: Now, I, the said Conrad Maier, in consideration of the premises, and of one dollar to me paid by A. J.…
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