Stevenson v. Kyle
West Virginia Supreme Court
cited 29 W. Va. 462; 15 B. I. 595; 107 Mass. 37; 130 Mass. 587; 13 Ark. 13; 15 Cray, 267; 3 Pa. St. 346; 56 Iowa, 597; 2 H. & M. 603; 17 Am. & Eng. Enc. Law, 228; Browne, Stat. Fraud. § 174; 2 Bob. Prac. 153; 2 Pars. Cont. *26.
1Opinion of the Court
Brannon, Judge:
Bolin, as agent for Stevenson, sold a horse of Stevenson to Hayslip, taking in payment an order from Hayslip on Kyle. Before taking the order, Bolin asked Kyle if he would accept the order, and was informed that he would. At that time, Bolin owed Kyle a note for a larger amount than the order. Before the order was drawn, Hayslip also asked Kyle if he would accept an order drawn by him in favor of Bolin for the horse, and Kyle told him that he would, as Bolin owed him, and he could thus utilize the order. Neither Hayslip nor Kyle knew that the horse was not Bolin’s, or of any…
2Cases cited7 opinions
- First National Bank of Wellsburg v. KimberlandsWest Virginia Supreme Court · 1880
- Wiant v. HaysWest Virginia Supreme Court · 1893
- Bangs v. DunnCalifornia Supreme Court · 1884
- Schloss v. HewlettSupreme Court of Alabama · 1886
- Hamilton v. SteeleWest Virginia Supreme Court · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Holt v. ThurmanCourt of Appeals of Kentucky · 1901
- Trow v. MoodyCalifornia Court of Appeal · 1915
- First National Bank v. State ex rel. O'BrienNebraska Supreme Court · 1903
- Gussner v. HawksNorth Dakota Supreme Court · 1904
- Ragsdale v. HagySupreme Court of Virginia · 1852
6 more not listed; retrieve them via the Exa API.