Legal Opinion

Beall v. Morgantown & Kingwood Railroad

West Virginia Supreme Court

Decided February 23, 1937No. 8471PublishedCited by 9 opinions

1Opinion of the Court

Maxwell, Judge:

In this action of assumpsit upon written contract between the plaintiff and the defendant, the former obtained against the latter in the circuit court of Monongalia County a verdict and judgment for $1047.11. This review is at the defendant’s instance.

On certification this court held that the original declaration in the action was not good because it failed to allege consideration for the defendant’s undertaking asserted by the plaintiff as the basis of the action. Beall v. Railroad Co., 116 W. Va. 515, 182 S. E. 295. On the remand the declaration was amended by the insertion…

2Cases cited24 opinions

  1. Martin v. WebbSupreme Court of the United States · 1884
  2. Carney v. New York Life InsuranceNew York Court of Appeals · 1900
  3. Seale v. BakerTexas Supreme Court · 1888
  4. Danville Lumber & Manufacturing Co. v. Gallivan Building Co.Supreme Court of North Carolina · 1919
  5. Beers v. New York Life InsuranceNew York Supreme Court · 1892

19 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Bernard J. Lee, Platiff-Appellant v. Jenkins Brothers, Bernard J. Lee v. Farnham YardleyCourt of Appeals for the Second Circuit · 1959
  2. Ray Leonard Adkins v. Kelly's Creek Railroad Company, a CorporationCourt of Appeals for the Fourth Circuit · 1972
  3. Adkins v. Kelly's Creek Railroad CompanyDistrict Court, S.D. West Virginia · 1970
  4. Beall v. Baltimore & O. R. Co.District Court, N.D. West Virginia · 1939
  5. Bernard J. Lee, Platiff-Appellant v. Jenkins Brothers, Bernard J. Lee v. Farnham YardleyCourt of Appeals for the Second Circuit · 1959

4 more not listed; retrieve them via the Exa API.

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