Colman v. W. Va. O. & O. L. Co.
West Virginia Supreme Court
Statement of the case by GkeeN, Judge : This was an action of debt brought by the plaintiff, Charles D. Colman, against the West Yirginia Oil and Oil Land Company, a corporation-of the State of Michigan, in the circuit court of Ritchie county.
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Statement of the case by GkeeN, Judge : This was an action of debt brought by the plaintiff, Charles D. Colman, against the West Yirginia Oil and Oil Land Company, a corporation-of the State of Michigan, in the circuit court of Ritchie county. The summons was issued November 4,1875. The debt claimed in it was $9,080.10. An affidavit was made the same day stating that “the nature of the plaintiff’s claim ivas a certain promissory note executed at Monroe, Michigan, dated September 1, 1875, whereby the defendant promised to pay the plaintiff on demand $9,080.10 with interestfrom date at the rate…
1Opinion of the Court
Giuoen, Junas:
The first question in this' case is : Shall this Court dismiss it as agreed without any enquiry into the merits of the case on the writ of error ? Messrs. Sands and Van Winkle argue, that the case should not be dismissed, and base their argument partly on the assumption, that the evidence clearly shows collusion between the parties making the agreement, and partly on the assumption, that in making, agreeing to and directing this dismissal Penny, the vice-president of the company was acting in bad faith to the company, its stockholders and other creditors and with a view of…
2Cases cited7 opinions
- First National Bank of Wellsburg v. KimberlandsWest Virginia Supreme Court · 1880
- American Insurance v. OakleyNew York Court of Chancery · 1842
- Smith v. SmithIllinois Supreme Court · 1872
- Pennsylvania Lightning Rod Co. v. Board of EducationWest Virginia Supreme Court · 1882
- Chamberlin v. Mammoth Mining Co.Supreme Court of Missouri · 1854
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3Cited by17 opinions
- Ballard v. CarmichaelTexas Supreme Court · 1892
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- Baird v. NagelIndiana Supreme Court · 1924
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