Gillilan v. Ludington
West Virginia Supreme Court
This was an action of debt upon a joint and several bond, instituted in the Circuit Court of Greenbrier county in July, 1887. At the September term, 1867, the Defendant filed two pleas, tiie one payment, and the other that he was the surety of his co-obligor, McClintic, and that he had given notice under the statute to R. S. Shields, the beneficiary Plaintiff, to sue, and his failure to do so.
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This was an action of debt upon a joint and several bond, instituted in the Circuit Court of Greenbrier county in July, 1887. At the September term, 1867, the Defendant filed two pleas, tiie one payment, and the other that he was the surety of his co-obligor, McClintic, and that he had given notice under the statute to R. S. Shields, the beneficiary Plaintiff, to sue, and his failure to do so. At the April term, 1871, the Defendant filed a third plea, alleging that he had given notice to Joseph Myles, the Plaintiff's testator, to sue, which he failed to do. The opinion of the Court contains a…
1Opinion of the Court
Paull, Judge:
The Plaintiff as executor of Joseph Myles, suing for the use of Robert S. Shields, institutes an action of debt against the Defendant on a joint and several bond executed by him and one Thomas McClintic, deceased, for the sum of $1,483.69, in the Circuit Court of Greenbrier county.
To the declaration the Defendant files the plea of payment, and offered the following special plea, to-wit.: “ That the Defendant was the security for Thomas Mc-Clintic in the bond in the declaration mentioned, as the Plaintiff's testator well knew, and that the said Defendant on the — day of'-, 18 — ,…
2Cited by13 opinions
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- Powell v. CommonwealthSupreme Court of Virginia · 1922
- Dower v. ChurchWest Virginia Supreme Court · 1882
- Hall & Co. v. Lyons & Co.West Virginia Supreme Court · 1887
- State v. SpradleyWest Virginia Supreme Court · 1954
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