Bank v. Wetzel
West Virginia Supreme Court
Error to Circuit Court, Jackson County. Action by the Bank of Bavenswood against Flora Wetzel, administratrix of C. C. Smith. Judgment for defendant, and plaintiff brings error.
1Opinion
ON REHEARING.
It is only that labored argument was made on rehearing that I write a second opinion in the case. Reconsideration has only confirmed my opinion that the defense to the action is destitute of strength in law or justice in fact. It is only a hard case on Smith’s estate in the same sense in which *8every case where a surety pays a just debt for an insolvent principal is hard on the surety. Promptly on maturity the bank gave the administratrix notice of the non-payment and protest. She says she received and understood this notice. She thus was informed that the bank looked to Smith’s…
2Cases cited5 opinions
- Cochrane v. Mayor of FrostburgCourt of Appeals of Maryland · 1895
- Feamster v. WithrowWest Virginia Supreme Court · 1876
- Third National Bank v. Laboringman's Mercantile & Manufacturing Co.West Virginia Supreme Court · 1904
- First Nat. Bank of Cumberland v. ParsonsWest Virginia Supreme Court · 1898
- Parsons v. HarroldWest Virginia Supreme Court · 1899