Appalachian Power Co. v. Tate
West Virginia Supreme Court
Appeal from Circuit Court, Mercer County. Action by the Appalachian Power Company against James D. Tate to recover a balance claimed upon an account for goods sold and delivered. Judgment for the defendant, plaintiff’s bill dismissed, and the plaintiff appeals.
1Opinion of the Court
Ritz, Judge:
The plaintiff instituted this suit to recover the balance claimed upon an account for goods sold and delivered by it to the defendant, the jurisdiction in equity being sustained by an attachment sued out upon the ground that the defendant is a non-resident of the State of West Virginia. The right to recover was denied and upon a hearing the Court below found in favor of the defendant and dismissed the plaintiff’s bill, and it is to reverse this decree that this appeal is prosecuted.
The only substantial controversy arises over the right of the plaintiff to recover the purchase-…
2Cases cited3 opinions
- Erie City Iron Works v. Miller Supply Co.West Virginia Supreme Court · 1911
- American Canning Co. v. Flat Top Grocery Co.West Virginia Supreme Court · 1911
- Gorby v. BridgemanWest Virginia Supreme Court · 1919
3Cited by11 opinions
- Frantz Equip. Co. v. the Leo Butler Co.Supreme Court of Pennsylvania · 1952
- Leckie v. BrayWest Virginia Supreme Court · 1922
- Nettles v. Imperial Distributors, Inc.West Virginia Supreme Court · 1968
- Frigorifico Wilson De La Argentina v. Weirton Steel Co.Court of Appeals for the Fourth Circuit · 1933
- Outhwaite v. A. B. Knowlson Co.Michigan Supreme Court · 1932
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