Griffith v. Cook
West Virginia Supreme Court
Error to Circuit Court, Raleigh County. Assumpsit by John R. Griffith against Harvey Cook. A verdict for defendant was set aside on motion, and new trial ordered, and defendant brings error.
1Opinion of the Court
Wildiams, Judge:
Plaintiff brought assumpsit to recover money claimed to be due Mm from defendant for lands purchased and paid' for by him on joint account of himself, defendant and another, pursuant to an oral agreement between them. Defendant pleaded the general issue and the .statute of frauds. A trial was had resulting in a verdict for defendant, and, on motion of plaintiff, based on after-discovered evidence, the court' set the verdict aside and ordered a new trial. To that order defendant obtained this writ of error.
Defendant denies the contract, and the testimony concerning it is very…
2Cases cited9 opinions
- Dunphy v. RyanSupreme Court of the United States · 1886
- Floyd v. DuffyWest Virginia Supreme Court · 1910
- Speyer v. DesjardinsIllinois Supreme Court · 1892
- Allen v. CaylorSupreme Court of Alabama · 1897
- Miller v. FergusonSupreme Court of Virginia · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cook v. GriffithWest Virginia Supreme Court · 1915