Ford v. McClung
West Virginia Supreme Court
Action of debt brought in the circuit court of Greenbrier county, to August rules, 1866, by the firm of Ford & Burdett against Samuel McClung,. -Judgment for the defendant, .June term, 1870. The following check or order was the basis of the suit: “ September 10, 1862. “ Cashier of the Farmers Hank of Virginia, at Lewlsburg, Va.: “ Pay to tlio order of Stephen A. Porter five hundred and thirty-four dollars and forty-one cents, for value received, and charge to my account.…
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Action of debt brought in the circuit court of Greenbrier county, to August rules, 1866, by the firm of Ford & Burdett against Samuel McClung,. -Judgment for the defendant, .June term, 1870. The following check or order was the basis of the suit: “ September 10, 1862. “ Cashier of the Farmers Hank of Virginia, at Lewlsburg, Va.: “ Pay to tlio order of Stephen A. Porter five hundred and thirty-four dollars and forty-one cents, for value received, and charge to my account. [$534.41.] “Samuel McClunu.” Endorsed: “ Pay to tile order of Smith Darnell. Stephen A. Pouter.” “ Pay to the order of Ford…
1Opinion of the Court
BerKshire, P.
This was an action of debt, by the endorsees of an order, against the drawer.
■ The order was drawn by the appellee, on the cashier of the Farmers’ Bank of Virginia, at Lewisburg, in favor of Stephen A. Porter, and endorsed by the latter, before presentation to the drawee for acceptance or payment, to Smith Darnell, and by him to the plaintiffs. There was a demurrer to the declaration and to each count, which was sustained, and leave given to the plaintiffs to amend the same, which, by consent of parties, was done in court. The amended declaration, and each count, was also…
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