National Bank v. National Bank
West Virginia Supreme Court
Writ of error and supersedeas granted on the petition of the First National Bank of Wheeling to reverse a judgment of the circuit court of Ohio county, and award a new trial, in a suit therein pending, wherein the Merchants’ National Bank of Wheeling was plaintiff, and said First Natipnal Bank of Wheeling defendant. So many of the fact's as are deemed material appear in the opinion of the Court.
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Writ of error and supersedeas granted on the petition of the First National Bank of Wheeling to reverse a judgment of the circuit court of Ohio county, and award a new trial, in a suit therein pending, wherein the Merchants’ National Bank of Wheeling was plaintiff, and said First Natipnal Bank of Wheeling defendant. So many of the fact's as are deemed material appear in the opinion of the Court. The Hon. John Blair Hoge, judge of the third judicial circuit, presided at the trial below.
1Opinion of the Court
Paull, Judge:
This was an action of assumpsit brought by the plaintiff, on a check of which the following is a copy:
“Wheeling, W. Va., 24th Feby., 1871.
First National Bank of Wheeling,
Pay to S. Brady Esq., Cas., or bearer fifteen hundred dollars.
$1500. A. C. Quarrier, Treas.”
There are two special counts in the declaration ; the first setting forth the drawing of the check, and its presentation to and acceptance by the defendant, in consideration whereof the defendant undertook and promised to pay the plaintiff the amount thereof.
The second special count recites the making of the check; that…
2Cases cited1 opinion
- Carrington v. GoddinSupreme Court of Virginia · 1857
3Cited by11 opinions
- Casto v. MartinWest Virginia Supreme Court · 1976
- Cobb v. Glenn Boom & Lumber Co.West Virginia Supreme Court · 1905
- Ex Parte GouldCourt of Criminal Appeals of Texas · 1910
- Bowen v. Needles Nat. BankU.S. Circuit Court for the District of Southern California · 1898
- Ex parte BrownMissouri Court of Appeals · 1879
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