Pryor v. Kuhn
Supreme Court of Virginia
This was an action of detinue in the Circuit court of Brooke county, brought by Oliver Pryor against Adam Kuhn, to recover a quantity of glass ware. Both parties claimed under Metcalf, Miller & Co. who were manufacturers of glass. When the cause was called for trial, the parties waived a jury and submitted the case to the court; and the evidence being heard, the court gave a judgment in favor of the defendant.
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This was an action of detinue in the Circuit court of Brooke county, brought by Oliver Pryor against Adam Kuhn, to recover a quantity of glass ware. Both parties claimed under Metcalf, Miller & Co. who were manufacturers of glass. When the cause was called for trial, the parties waived a jury and submitted the case to the court; and the evidence being heard, the court gave a judgment in favor of the defendant. The plaintiff excepted to the judgment of the court, and spread all the evidence upon the' record. The partners Metcalf and Miller, were examined as witnesses. It appeared that they…
1Opinion of the CourtSamuels, J.
This case is brought here by writ of error to a judgment of the Circuit court of Brooke county, in an action of detinue, wherein Pryor was plaintiff and Kuhn defendant. The specific property sought to be recovered was a large quantity of glass ware; both parties claimed to have acquired title to the ware from Metcalf, Miller & Co. the manufacturers. Pryor claimed under a purchase, which he alleged and attempted to prove was complete, so that nothing further remained to be done by the parties to the sale or either of them, to ascertain the goods bought, the price, or any other element of a…
2Cases cited3 opinions
- Pasley v. EnglishSupreme Court of Virginia · 1848
- Carrington v. BennettSupreme Court of Virginia · 1829
- Grays v. Turnpike Co.Court of Appeals of Virginia · 1826
3Cited by13 opinions
- Wickham & Goshorn v. Lewis Martin & Co.Supreme Court of Virginia · 1856
- Nutter v. SydenstrickerWest Virginia Supreme Court · 1877
- Baltimore & Ohio Railroad v. FaulknerWest Virginia Supreme Court · 1870
- Mitchell v. BarattaSupreme Court of Virginia · 1867
- Ramsburg v. ErbWest Virginia Supreme Court · 1880
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