Vanbibber v. Beirne
West Virginia Supreme Court
On the 6th day of December, 1869, the Plaintiff exhibited his bill in the Circuit Court of Nicholas county against the Defendants, in which he alleged, that he loaned the late firm of John McAneany & Co., $100.00 •on the 1st day of February, 1859, $250.00 on the 25th •day of the same month, and $300.00 on the 24th day of May, 1860, for which he took the three several notes of said firm; that on the 13th day of March, 1868, he brought suit on said notes against John McAneany,…
Read the full summary
On the 6th day of December, 1869, the Plaintiff exhibited his bill in the Circuit Court of Nicholas county against the Defendants, in which he alleged, that he loaned the late firm of John McAneany & Co., $100.00 •on the 1st day of February, 1859, $250.00 on the 25th •day of the same month, and $300.00 on the 24th day of May, 1860, for which he took the three several notes of said firm; that on the 13th day of March, 1868, he brought suit on said notes against John McAneany, Philip Duffy, and Andrew Beirne, the partners of said firm, in the Circuit Court of Kanawha county; that at the June…
1Opinion of the Court
ÜAYMOND, ’ PRESIDENT.
There seems to be some contradiction and confusion in the authorities, as to whether a Court of Equity has jurisdiction AAdiere fraudulent misrepresentation is -made which causes damage. It is said by Lord Eldon in Evans vs. Bicknell, 6 Ves., 174, to be a very old head of equity, that if a representation is made by one person to another going to deal in a matter of interest upon the faith of that representation, the former shall make that representation good, if he kne.AV it to be false. The case of Pasley vs. Freeman, 3 T., R., 151, he thought, might haAre been…
2Cases cited1 opinion
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
3Cited by27 opinions
- Thompson v. Whitaker Iron Co.West Virginia Supreme Court · 1895
- Leidigh Carriage Co. v. StengelCourt of Appeals for the Sixth Circuit · 1899
- Wallace v. St. ClairWest Virginia Supreme Court · 1962
- Whittaker v. Southwest Va. Improvement Co.West Virginia Supreme Court · 1890
- Boyd v. BeebeWest Virginia Supreme Court · 1908
22 more not listed; retrieve them via the Exa API.