First National Bank of Pennsboro v. Barker
West Virginia Supreme Court
Error to Circuit Court, Ritchie County. Action of assumpsit by the First National Bank of Penns-boro against John Barker and others. Judgment for defendants, and plaintiff brings error.
1Opinion of the Court
POFFENBARGER, JUDGE:
On the issue raised by a plea of non est factum in an action of assumpsit for the recovery of $400.00 and interest thereon and protest fees, apparently due upon a negotiable promissory note, a verdict for the defendant, Wilson, was found, which the court carried into judgment. On the writ of error, there are numerous complaints, most of which pertain to rulings of the court in the trial of the issue raised as aforesaid, but one is founded upon its refusal to enter a judgment upon an alleged default.
Wilson was one of seven defendants sued on a note signed on its face by…
2Cases cited10 opinions
- Cobb v. DunlevieWest Virginia Supreme Court · 1908
- State v. LewisWest Virginia Supreme Court · 1911
- Van Wyck v. . McIntoshNew York Court of Appeals · 1856
- Andrews v. Hayden's Adm'rCourt of Appeals of Kentucky · 1889
- State v. StoverWest Virginia Supreme Court · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Nash v. Fidelity-Phenix Fire InsuranceWest Virginia Supreme Court · 1929
- Holley Coal Co. v. Globe Indemnity Co.Court of Appeals for the Fourth Circuit · 1950
- Gibbard v. EvansWest Virginia Supreme Court · 1921
- Albrecht v. RathaiSupreme Court of Minnesota · 1921
- Cit. Bk. of Darlington v. McDonaldSupreme Court of South Carolina · 1943
11 more not listed; retrieve them via the Exa API.