Morrow's adm'r v. Bailey
West Virginia Supreme Court
Minter J. Bailey, for the use of Joseph B. Bailey, brought an action of debt in the circuit court of Lewis county, on the 17th day of March, 1859, against John Morroño. The declaration was in the usual form, alleging that defendant made his single bill in writing, sealed with his seal, on the 8th day of September, 1851, promising to pay the plaintiff one hundred dollars twelve months after date.
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Minter J. Bailey, for the use of Joseph B. Bailey, brought an action of debt in the circuit court of Lewis county, on the 17th day of March, 1859, against John Morroño. The declaration was in the usual form, alleging that defendant made his single bill in writing, sealed with his seal, on the 8th day of September, 1851, promising to pay the plaintiff one hundred dollars twelve months after date. The defendant pleaded payment, and also two special pleas, one charging that the bond sued on was executed partly in consideration of the contract price of certain negro slaves, named Miza, and her…
1Opinion of the Court
BROWN, President.
This was an action of debt brought by the defendant in error against the plaintiff in error, in the circuit court of Lewis county, upon a note given for the balance of the purchase money of certain slaves. The defendant in the court below pleaded specially under the statute, that the vendor of the slaves warranted them to be sound, and that one of them, Eliza, was not sound but diseased, by reason of which he had sustained damage to an amount exceeding the amount of the note sued on, which damage he asked to be ascertained and set off against the plaintiff’s demand. The pleas…
2Cases cited1 opinion
- Harrison v. MiddletonSupreme Court of Virginia · 1854
3Cited by2 opinions
- Griffin v. RunnionWest Virginia Supreme Court · 1914
- Kennaird v. JonesSupreme Court of Virginia · 1852