Legal Opinion

Baltimore & Ohio Railroad Co. v. Burke & Herbert

Supreme Court of Virginia

Decided June 16, 1904PublishedCited by 10 opinions

Error to a judgment of the Circuit Court of the city of Alexandria, in an action of assumpsit, wherein the plaintiff in error was the plaintiff, and the defendants in error were the defendants.

1Opinion of the Court

Keith, P.,

delivered the opinion of the court.

The Baltimore and Ohio Railroad Company brought its action of trespass on the case in assumpsit against Burke & Herbert, in the Circuit Court of the city of Alexandria. The declaration contains eighteen counts, seventeen of which are founded upon checks drawn by customers of the B. & O. R. R. Co., payable to its order, upon various banks, and endorsed by D. P. Hurley, its agent. The averment in each of these counts is, that the defendants had been designated as the depository of the funds of the plaintiff in the city of Alexandria, and that as such…

2Cases cited1 opinion

  1. Cary v. CurtisSupreme Court of the United States · 1845

3Cited by10 opinions

  1. Thacker v. Hubard & Appleby, Inc.Supreme Court of Virginia · 1918
  2. City of Norfolk v. Norfolk CountySupreme Court of Virginia · 1917
  3. Webb v. United States Fidelity & Guaranty Co.Supreme Court of Virginia · 1935
  4. Schmidt v. WallingerSupreme Court of Virginia · 1919
  5. Armour & Co. v. Whitney & Kemmerer, Inc.Supreme Court of Virginia · 1935

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