Baltimore & Ohio R. R. v. McCullough & Co.
Supreme Court of Virginia
Patrick McCullough. & Co. instituted an action of debt in the County court of Marion against Patrick McDonough, William McDonough and B. McDonough, for the sum of five hundred and twenty-five dollars and twelve cents. On the same day on which the process was issued, an attachment was sued out by the plaintiffs to attach the effects of the defendants to satisfy the debt for which the action was brought. This attachment was served on the Baltimore and Ohio Railroad Company.
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Patrick McCullough. & Co. instituted an action of debt in the County court of Marion against Patrick McDonough, William McDonough and B. McDonough, for the sum of five hundred and twenty-five dollars and twelve cents. On the same day on which the process was issued, an attachment was sued out by the plaintiffs to attach the effects of the defendants to satisfy the debt for which the action was brought. This attachment was served on the Baltimore and Ohio Railroad Company. There was a judgment for the plaintiffs against the defendants in the action. The Baltimore and Ohio Railroad Company…
1Opinion of the CourtLee, J.
Stipulations in a covenant or other contract are to be regarded as dependent or independent, according to the intention and meaning of the parties, and the good sense of the case. Hotham v. East India Company, 1 T. R. 638; Porter v. Shepperd, 6 T. R. 665 ; Campbell v. Jones, 6 T. R. 570; Morton v. Lamb, 7 T. R. 125. And where an act is to be done by one party by way of condition precedent to his right to claim, performance on the part of the other, he cannot claim such performance without averring the doing of sucb act or his readiness and offer to do it. Thorpe v. Thorpe, Lord Raym. 662;…
2Cases cited2 opinions
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- Baltimore & Ohio R. R. v. Gallahue's adm'rsSupreme Court of Virginia · 1858
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