Merchants' & Mechanics' Bank of Wheeling v. Evans
West Virginia Supreme Court
Supersedeas to a judgment of the circuit court of the county of Monongalia, rendered on the twenty-ninth day of March, 1875, in a suit therein then pending, in which the Merchants’ and Mechanics’ Bank of Wheeling was plaintiff, and James Evans, Benjamin M. Dorsey, and others, were defendants. The supersedeas was granted on the petition of said Janies Evans and B. M. Dorsey, plaintiffs in error. The facts of the case appear in '(the opinion of this Court.
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Supersedeas to a judgment of the circuit court of the county of Monongalia, rendered on the twenty-ninth day of March, 1875, in a suit therein then pending, in which the Merchants’ and Mechanics’ Bank of Wheeling was plaintiff, and James Evans, Benjamin M. Dorsey, and others, were defendants. The supersedeas was granted on the petition of said Janies Evans and B. M. Dorsey, plaintiffs in error. The facts of the case appear in '(the opinion of this Court. Hon. C. S. Lewis, judge of said circuit court, presided at the hearing below.
1Opinion of the Court
Ghees', Judge :
The plaintiff brought an action of assumpsit on July twentieth, 1868, in the circuit court of Monongalia county, against James Evans, Benjamin M. Dorsey, George D. Evans, and Evans D. Fogle, survivors of themselves and A. C. Dorsey, E. P. Fitch, and Philip Rogers deceased, based upon a promissory note given by said seven parties, payable to the plaintiff at its office in Clarksburg, for $6,000, forty days after its date, and dated August twenty-eighth, 1861. The demurrer to the evidence shows the following to be the facts. The note duly executed by all the makers, was taken to…
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