Hopkins v. Detwiler & Co.
West Virginia Supreme Court
GreeN, Judge, iurnishes the following statement of the case: The members of the firm of J. B. Detwiter & Co., millers, of Wheeling, W. Ya., and their wives on July 16, 1864, executed a deed of trust to J. S. Wheat and Sobieski Brady, trustees, of Wheeling on certain real estate in Wheeling to secure first, a debt due to Hopkins & Janney, merchants of Baltimore, Md., evidenced by a negotiable note of $5,000 executed by Detwiler & Co to Hopkins & Janney dated July 16, 1864,…
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GreeN, Judge, iurnishes the following statement of the case: The members of the firm of J. B. Detwiter & Co., millers, of Wheeling, W. Ya., and their wives on July 16, 1864, executed a deed of trust to J. S. Wheat and Sobieski Brady, trustees, of Wheeling on certain real estate in Wheeling to secure first, a debt due to Hopkins & Janney, merchants of Baltimore, Md., evidenced by a negotiable note of $5,000 executed by Detwiler & Co to Hopkins & Janney dated July 16, 1864, payable five years after date, the interest payable semi-annually, and to secure any note or notes which may be given in…
1Opinion of the Court
Green, Judge:
The only question presented by the record in this cause, which it is necessary for us to consider is: Was the negotiable note dated Julv 10, 1864, executed by J. B. Detwiler & Co. to the plaintiffs, Hopkins & Janney, payable and negotiable at the Merchants’ and Mechanics’ bank of Wheeling two years after its date, and which fell due on July 19, 1866, paid by J. B. Detwiler & Co. on the day on which it fell due ? If paid at all, it was paid by J. B. Detwiler & Co. on July 19> 1866. I have stated all the evidence of the witnesses bearing *743on this question. I have stated this…
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