Legal Opinion

Nichols' Ex'r v. Porter

West Virginia Supreme Court

Decided January 15, 1867PublishedCited by 8 opinions

On the 1st day of February, 1855, Hugh Nichols, Abijah Johnston and James M. Todd, of the city of Wheeling, entered into articles of co-partnership under the name of J. M. Todd Co. to carry on the business of an iron mill.

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On the 1st day of February, 1855, Hugh Nichols, Abijah Johnston and James M. Todd, of the city of Wheeling, entered into articles of co-partnership under the name of J. M. Todd Co. to carry on the business of an iron mill. Among other stipulations of the agreement, was an arrangement whereby they were individually to deposit in the Northwestern hank, bonds in the penalty of 5,000 dollars, with such security as the bank would require, to remain so deposited until the business of the firm was closed, for the purpose of indemnifying the bank in contemplated loans and discounts by the firm.…

1Opinion of the CourtMaxwell, J.

This was an action ©f assumpsit in the cii'-cuit court of Ohio county in the name of James S. Porter against James M. Todd, Abijah N. Johnston, and Hugh Nichols, late partners in business under the firm name of.J. M. Todd & Co.

The declaration contains six special eounts and the usual common counts.

At the first term of the court after the ’ declaration was filed the death of Hugh Nichols, one ©f the defendants was suggested on the record and the office judgment had at rules set aside, and the cause revived against "William Nieh-'ols, the executor ®f the last will and testament of Hugh Nichols,…

2Cases cited5 opinions

  1. Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
  2. Murray v. CarothersCourt of Appeals of Kentucky · 1858
  3. Hays v. Northwestern BankSupreme Court of Virginia · 1852
  4. Dunn v. Adams, Parmeter & Co.Supreme Court of Alabama · 1840
  5. Russell v. BuckSupreme Court of Vermont · 1842

3Cited by8 opinions

  1. Hughes v. FrumWest Virginia Supreme Court · 1895
  2. Merchants' National Bank v. SpatesWest Virginia Supreme Court · 1895
  3. Ragsdale v. HagySupreme Court of Virginia · 1852
  4. Jones v. American Savings Bank & Trust Co.Washington Supreme Court · 1926
  5. Walker v. HenryWest Virginia Supreme Court · 1892

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