Thornburg & Sons v. Emmons
West Virginia Supreme Court
"Woods, Judge, furnishes the following statement of the ease: This was an action of assumpsit, brought in the circuit court of Cabell county, by Thornburg & Sons against I). W. Emmons and Harrison Derton, to recover the sum of one hundred and fifty dollars, the amount of a bill of exchange, dated August 25, 1872, drawn by said Emmons in favor of said Derton, on James J. Tracy, treasurer C. & 0. 11. R. Co., 54 Williams street, Hew York, payable at sight, and by said payee, on…
Read the full summary
"Woods, Judge, furnishes the following statement of the ease: This was an action of assumpsit, brought in the circuit court of Cabell county, by Thornburg & Sons against I). W. Emmons and Harrison Derton, to recover the sum of one hundred and fifty dollars, the amount of a bill of exchange, dated August 25, 1872, drawn by said Emmons in favor of said Derton, on James J. Tracy, treasurer C. & 0. 11. R. Co., 54 Williams street, Hew York, payable at sight, and by said payee, on August 30,1872, endorsed to the plaintiffs, who on September 15th or 16th, 1873, endorsed the same to the Second…
1Opinion of the Court
Woods, Judge ;
From the plaintiffs bill of exceptions, the facts proved on the trial were, that the defendant, Emmons, drew and delivered to the defendant, Derton, on the day of its date his bill of exchange as follows:
“IIuntiNgton, W. Ya., August 25, 1873.
“$150.00. No. 746.
“At sight, pay to the order of Harrison Derton (fencing at Barboursville cut) one hundred and fifty dollars, value received, and charge the account of—
“D. W. EmmoNS.
“7b James J. Tracy, Treasurer C. 0. JR. JR. Go., 54 Williams
Street, New York.”
Which the said payee on the 30th of August, 1873, endorsed to the plaintiffs, who,…
2Cases cited4 opinions
- Jackson v. RichardsNew York Supreme Court · 1805
- Robinson v. AmesNew York Supreme Court · 1822
- Purcell v. AllemongSupreme Court of Virginia · 1872
- Walsh v. DartWisconsin Supreme Court · 1868
3Cited by5 opinions
- Steeley v. FunkhouserWest Virginia Supreme Court · 1969
- Angaletos v. Meridian National BankIndiana Court of Appeals · 1892
- W. & A. McArthur Co. v. Old Second National BankMichigan Supreme Court · 1899
- Slaymen v. First National Bank of WelchWest Virginia Supreme Court · 1927
- Archer v. WardSupreme Court of Virginia · 1853