Miller v. Lake
West Virginia Supreme Court
Johnson, President, furnishes the following statement of the case: In July, 1878, the plaintiffs filed their bill in the circuit court of Barbour county against John M. Lake, Henry Deahl, Jesse B, Poling, late constable of BaYbour county, Martin Gr.
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Johnson, President, furnishes the following statement of the case: In July, 1878, the plaintiffs filed their bill in the circuit court of Barbour county against John M. Lake, Henry Deahl, Jesse B, Poling, late constable of BaYbour county, Martin Gr. Poling, his surety, and John M. Rogers, alleging that Lake was indebted to them for goods, &c., to the amount of one hundred and seven dollars;-that in 187-Lake transferred as collateral security for said debt two promissory notes executed by said Henry Deahl, to said Lake, one dated January 12,1874, for sixty-four dollars and seventy-five cents…
1Opinion of the Court
Johnson, President:
The first questions presented is: Has equity jurisdiction of this case? Should the demurrer have been sustained? Judge Story, 2 Eq. Jur. sec. 1041 says: “In the common case where money or other property is delivered by a bailor to B. for the use of 0. or to be delivered to C. the acceptance of the bailment amounts to an express promise from the bailee to the bailor, to deliver or pay over the property accordingly. In such a case it has been said that the person for whose use the money or property is so delivered, may maintain an action at law therefor against the bailee,…
2Cases cited1 opinion
- Nutter v. SydenstrickerWest Virginia Supreme Court · 1877
3Cited by1 opinion
- Bird v. StoutWest Virginia Supreme Court · 1894