Moore v. Mauro
Court of Appeals of Virginia
Assumpsit was brought in the Superior Court of Law for the county of Harrison, by Jonathan Mauro against Richard IV. Moore. The declaration contained several counts. The first was indebitatus assumpsit “for divers goods, wares and merchandize,” sold and delivered by the plaintiff to the defendant. The second was on a quantum meruit. The third, on a quantum valebant. Another count was on an insimul computassent.
Read the full summary
Assumpsit was brought in the Superior Court of Law for the county of Harrison, by Jonathan Mauro against Richard IV. Moore. The declaration contained several counts. The first was indebitatus assumpsit “for divers goods, wares and merchandize,” sold and delivered by the plaintiff to the defendant. The second was on a quantum meruit. The third, on a quantum valebant. Another count was on an insimul computassent. The plaintiff filed two accounts with his declaration, stating the various items on which the claim arose. The defendant pleaded non assumpsit, and a special plea stating, that the…
1Opinion of the Court
The President
delivered the opinion of the Court.*
This is an action of assumpsit for goods, wares and merchandize, sold and delivered. There are several counts irr the declaration, and two accounts filed with it, in pursuance of the 86th section of the Act for limitation of actions, &c. 1 Rev. Code, 510. The defendant pleaded two pleas; non assumpsit, on which issue was joined; and also that the cause of action, for goods sold and delivered, did not accrue within one year next, &c.; to which the plaintiff replied, that at the time of the sale and delivery of the goods, &c. in the declaration…
2Cases cited1 opinion
- Parker v. DacresWashington Supreme Court · 1890
3Cited by19 opinions
- Henry v. Ohio River R.West Virginia Supreme Court · 1895
- Curry v. Town of ManningtonWest Virginia Supreme Court · 1883
- Douglass v. Central Land Co.West Virginia Supreme Court · 1878
- Simmons v. TrumboWest Virginia Supreme Court · 1876
- George Campbell Co. v. George Angus & Co.Supreme Court of Virginia · 1895
14 more not listed; retrieve them via the Exa API.