Lewis v. Arnold
Supreme Court of Virginia
This was an action in the Circuit court of Kanawha county instituted in April 1848, by Enos S. Arnold against John D. Lewis. The declaration contained five counts, four of which were in case, and the fifth in trover; and the damages were laid at $ 800. The defendant appeared and demurred to the declaration and each count thereof, and also pleaded “ not guilty And the court sustained the demurrer to .the second count, but overruled it as to the others.
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This was an action in the Circuit court of Kanawha county instituted in April 1848, by Enos S. Arnold against John D. Lewis. The declaration contained five counts, four of which were in case, and the fifth in trover; and the damages were laid at $ 800. The defendant appeared and demurred to the declaration and each count thereof, and also pleaded “ not guilty And the court sustained the demurrer to .the second count, but overruled it as to the others. The object of the suit was to recover the value of a parcel of salt which the plaintiff claimed to have purchased of George Neville, and of…
1Opinion of the CourtDaniel, J.
The full delivery of the salt in controversy by Neville or his agents, to Howery, the person authorized by Arnold to receive it, is clearly established by the testimony of Howery. Possession of the salt was acquired, and its removal from the demised premises into the boat of Arnold, effected in an open and public manner; Howery, according to his statement, having been engaged three days in loading the boat with it. The inference is irresistible that it was delivered by Neville, in pursuance of the written agreement between him and Arnold of the 22d of July 1846. *459This agreement was thus…
2Cited by11 opinions
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