Heatherly v. Bank
West Virginia Supreme Court
Statement of the case by Green, Judge : The facts appearing from the pleadings in this cause out of which this suit arose are these : The Farmers’ Bank of Philippi obtained a judgment against J. W. Talbot, John F. Woodford, James E. Heatherly, Henry A. Gale, James M. Woodford, James W. Robinson, and A. T. Daniels in the Circuit Court of Barbour, on February 1,1886, for $1,781.80 with interest from January 30,1886, and costs $3.95. James M. Woodford was insolvent.
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Statement of the case by Green, Judge : The facts appearing from the pleadings in this cause out of which this suit arose are these : The Farmers’ Bank of Philippi obtained a judgment against J. W. Talbot, John F. Woodford, James E. Heatherly, Henry A. Gale, James M. Woodford, James W. Robinson, and A. T. Daniels in the Circuit Court of Barbour, on February 1,1886, for $1,781.80 with interest from January 30,1886, and costs $3.95. James M. Woodford was insolvent. He owned a considerable amount of property, both real and personal, but owed much more than the property was worth, and numerous…
1Opinion of the Court
Green, Judge.
The principal question involved in this case is: What is the true construction of the agreement between James M. Woodford and the trustees of the Farmers’ Bank of Philippi, 0. F. Teter and G. W. Gale, Jr., the cashier of the bank, dated March 27,1886, a full copy of which appears in the statement of this cause ? It is true that the contract is on its face ambiguous; but it does not seem to me to be difficult to ascertain its meaning, and the real intention of the parties, if we apply to it some well-settled rules of construction which are based on common sense. One of these rules…
2Cases cited2 opinions
- Hurst v. HurstWest Virginia Supreme Court · 1874
- Titchenell v. JacksonWest Virginia Supreme Court · 1885
3Cited by18 opinions
- Myers v. CarnahanWest Virginia Supreme Court · 1907
- Flaherty v. FlemingWest Virginia Supreme Court · 1906
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Rymer v. South Penn Oil Co.West Virginia Supreme Court · 1904
- Belcher v. Big Four Coal & Coke Co.West Virginia Supreme Court · 1911
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