American Sugar Refining Co. v. Martin-Nelly Grocery Co.
West Virginia Supreme Court
Certified from Circuit Court, Wood County. Action by American Sugar Refining Company against Martin-Nelly Grocery Company. A ruling of the circuit court refusing to strike special plea was certified for review.
1Opinion of the Court
Lively, Judge :
The ruling of the circuit court in refusing to strike special pleas numbered 3 and 4 and permitting them to be filed over the objection of plaintiff is certified for review.
Plaintiff, a manufacturer and wholesale dealer in sugar, sold to defendant, a wholesale grocery company, several shipments of sugar. The declaration contained the common counts in assumpsit and three special counts. Special counts Nos. 1 and 2 are upon trade acceptances, the first for $3,-012.61, drawn by plaintiff on defendant, dated September 30, 1920 and accepted by the latter, payable on November 30,…
2Cases cited10 opinions
- J. W. Ellison, Son & Co. v. Flat Top Grocery Co.West Virginia Supreme Court · 1911
- Sterling Organ Co. v. HouseWest Virginia Supreme Court · 1884
- Eagle Glass & Manufacturing Co. v. Second Hand Pipe & Supply Co.West Virginia Supreme Court · 1914
- Myers v. CookWest Virginia Supreme Court · 1920
- Powell v. LoveWest Virginia Supreme Court · 1892
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3Cited by4 opinions
- Johns-Manville Sales Corporation v. ConnellyWest Virginia Supreme Court · 1959
- Shreve v. Casto Trailer Sales, Inc.West Virginia Supreme Court · 1966
- Dixie Appliance Co. v. BourneWest Virginia Supreme Court · 1953
- Bickel v. SheppardWest Virginia Supreme Court · 1925