Legal Opinion · Concurrence

Bantz v. Basnett

West Virginia Supreme Court

Decided November 8, 1877Published

Supersedeas to a judgment of the circuit court of Marion county, rendered on the 30th day of April, 1874, in an action in debt, in which Theodore S. Bantz & Co., suing as assignees of Jonathan H. Haymond, were plaintiffs, and Philip S. Basnett was defendant, allowed upon the petition of said defendant.

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Supersedeas to a judgment of the circuit court of Marion county, rendered on the 30th day of April, 1874, in an action in debt, in which Theodore S. Bantz & Co., suing as assignees of Jonathan H. Haymond, were plaintiffs, and Philip S. Basnett was defendant, allowed upon the petition of said defendant. Moore, Judge, furnishes the following statement of the case: The plaintiffs as assignees of Jonathan H. Haymond brought an action of debt in the circuit court of Marion county against the defendant, Basnett, to recover the amount of a certain promissory note, made by said Basnett, payable six…

1Concurrence

Johnson, Judge,

I find myself unable to agree with the reasoning of my brother Moore, who prepared the opinion in this case on the subject, of ‘payment in something else than money. I did concur in the conclusion arrived at that the verdict in this case ought to be set aside and the case remanded for a new trial. I propose to review the authorities upon the subject of payment by other modes than by money, and-find I have undertaken a very difficult task, as the authorities are so numerous and in much confusion.

lsf. As to payment by check or negotiable note, either of the debtor or a third…

2Cases cited90 opinions

  1. Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
  2. Tobey v. BarberNew York Supreme Court · 1809
  3. Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
  4. Blanchard v. ElyNew York Supreme Court · 1839
  5. Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846

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