National Bank v. Nolting
Supreme Court of Virginia
Error to a judgment of the Circuit Court of the city of Kichxnond, rendered February 27, 1895, in an action of assumpsit wherein “W. 0. Nolting, styling himself W. 0. Nolting, Cashier,” was the plaintiff, and the plaintiff in error was the defendant. The declaration contained counts for goods sold and delivered, for work and labor performed, and the usual ‘ ‘money - counts.” There was no special count setting out the real transaction between the parties.
Read the full summary
Error to a judgment of the Circuit Court of the city of Kichxnond, rendered February 27, 1895, in an action of assumpsit wherein “W. 0. Nolting, styling himself W. 0. Nolting, Cashier,” was the plaintiff, and the plaintiff in error was the defendant. The declaration contained counts for goods sold and delivered, for work and labor performed, and the usual ‘ ‘money - counts.” There was no special count setting out the real transaction between the parties. There was a demurrer to the declaration, and to each count thereof, but this was overruled, and the defendant pleaded non-assumpsit. On the…
1Opinion of the CourtHakkison, J.
There is no objection to the form of this action, and the demurrer was properly overruled.
The plaintiff, in keeping the account with the defendant, and in bringing suit to recover the alleged balance was acting as agent, and it is well settled that where a contract not under seal is made with, an agent, and in the agent's name for an undisclosed principal, either the agent or principal may sue upon it. 3 Rob. Prac. (new) 34; Rhoades v. Blackstone, 106 Mass. 334.
*265Though, the record states that the facts are certified, it appears that the evidence of each witness is certified, showing fully the…
2Cases cited1 opinion
- Rhoades v. BlackistonMassachusetts Supreme Judicial Court · 1871
3Cited by26 opinions
- Jordan Marsh Co. v. National Shawmut BankMassachusetts Supreme Judicial Court · 1909
- Oliver Refining Co. v. Portsmouth Cotton Oil Refining Corp.Supreme Court of Virginia · 1909
- Central National Bank v. First & Merchants National BankSupreme Court of Virginia · 1938
- Vollmar v. CSX Transportation, Inc.District Court, E.D. Virginia · 1989
- First National Bank v. Richmond Electric Co.Supreme Court of Virginia · 1907
21 more not listed; retrieve them via the Exa API.