Campbell v. Lynn & Co.
West Virginia Supreme Court
Appeal, by the defendants, from the judgment of the municipal court of the city of Wheeling, rendered on the 8th day of July, 1873, in a suit therein pending, wherein James Campbell was plaintiff and David Lynn, S. S. Lynn and John G. Lynn, partners in trade under the firm name of D. Lynn & Co., were defendants.
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Appeal, by the defendants, from the judgment of the municipal court of the city of Wheeling, rendered on the 8th day of July, 1873, in a suit therein pending, wherein James Campbell was plaintiff and David Lynn, S. S. Lynn and John G. Lynn, partners in trade under the firm name of D. Lynn & Co., were defendants. But two questions were discussed and considered by this court, and these arose upon the exclusion of certain "evidence, by the court below, from the jury, on the trial,, and the overruling of the motion of the defendants to set aside the verdict of the jury and grant them a new trial.…
1Opinion of the Court
Paull, Judge :
The plaintiff, James Campbell, brought his action of assumpsit in the court below, for services rendered the defendants for three years, amounting to $3,360, only claiming an actual balance, however, to be due him of $660. The declaration consists only of the common counts. Upon the trial, verdict and judgment were rendered for him, for the balance claimed and interest.
The plaintiff gave evidence as stated in the first bill of exceptions, tending to prove that a contract was made by the defendants immediately before January 1, 1869, to pay him $1,000 per year, and to pay also…
2Cited by5 opinions
- Deitz v. Prov. Wash. Ins.West Virginia Supreme Court · 1890
- Welch v. County Court of Wetzel CountyWest Virginia Supreme Court · 1886
- State v. SullivanWest Virginia Supreme Court · 1904
- Hunter v. Snyder's Ex'rWest Virginia Supreme Court · 1877
- Martin v. ThayerWest Virginia Supreme Court · 1892