Kearnes v. Montgomery
West Virginia Supreme Court
This action arose in Greenbrier county, in February, 1867. Kearnes was the plaintiff below, and brought the case here on a writ of supersedeas. All the facts certified in the bill of exceptions, are given in the opinion of Judge Maxwell. Hon. ,N- Harrison, judge of the circuit court of Green-brier, presided on the trial of the case.
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This action arose in Greenbrier county, in February, 1867. Kearnes was the plaintiff below, and brought the case here on a writ of supersedeas. All the facts certified in the bill of exceptions, are given in the opinion of Judge Maxwell. Hon. ,N- Harrison, judge of the circuit court of Green-brier, presided on the trial of the case. The defendant relied mainly, in the court below, and will probably rely here, upon the authority of Niehol’s ex’or v. Porter, decided by this court, and reported in 2 W. Ya. Kep., p. 13; but even a cursory examination of this case will show an entire want of…
1Opinion of the CourtMaxwell, J.
This was an action of assumpsit, to recover from the defendant the sum of 2000 dollars, with interest. The facts certified show that, on the 28th day of January, 1860, the plaintiff held the bond of the defendant and one *39J. N. Montgomery, for 2000 dollars; that the defendant, on the day and year aforesaid, proposed to exchange with the plaintiff for the said bond, a bond of 2000 dollars executed by Thomas Creigh and L. S. Creigh to the plaintiff; that the plaintiff refused to accept the said last mentioned bond unless the defendant would endorse the same, inasmuch as it was payable to the…
2Cited by13 opinions
- Saint v. Wheeler & Wilson Manufacturing Co.Supreme Court of Alabama · 1891
- Rouse v. Wooten.Supreme Court of North Carolina · 1906
- Burton & Co. v. HansfordWest Virginia Supreme Court · 1877
- Long v. CampbellWest Virginia Supreme Court · 1893
- Page v. White Sewing Machine Co.Court of Appeals of Texas · 1896
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