Beury v. Fay
West Virginia Supreme Court
Appeal from Circuit Court, Kanawha County. Bill by J. B. Beury and others, as administrators, etc., against H. H. Fay and others. Decree for defendants, and plaintiffs appeal.
1Opinion of the Court
POFEENBARGER JUDGE.
This appeal is from a decree dismissing a hill filed against the depositaries of a $10,000.00 fund, under a contract forfeiting it as liquidated damages for non-performance of the depositor’s covenants or agreements imposed by the contract, and the covenantee to whom the fund was paid after such default, to compel an accounting and repayment of the money.
The alleged violation of the trust rests upon the following claims: (1) non-execution or non-delivery of the contract by the party in whose favor the deposit was made; (2) violation of the trust, (assuming the contract to…
2Cases cited5 opinions
- Rease v. KittleWest Virginia Supreme Court · 1904
- Charleston Lumber Co. v. FriedmanWest Virginia Supreme Court · 1908
- Atkinson v. Washington & Jefferson CollegeWest Virginia Supreme Court · 1903
- Moore, Keppel & Co. v. WardWest Virginia Supreme Court · 1912
- Reel v. ReelWest Virginia Supreme Court · 1906
3Cited by3 opinions
- Stonebraker v. ZinnWest Virginia Supreme Court · 1982
- Yost v. WillsWest Virginia Supreme Court · 1920
- Peerless Department Stores, Inc. v. George M. Snook Co.West Virginia Supreme Court · 1941