McDonald v. Peacemaker
West Virginia Supreme Court
Action of assumpsit brought to October rules 1865, in the •Circuit Court of Hampshire County. The defendant pleaded the general issue and two special pleas ; the latter alleged substantially that the plaintiff sold the cattle, the subject of the suit, to the defendant for the use of the Confederate army, then in hostility, &c., and that the plaintiff well knew they were purchased for such use at the time of the purchase; that defendant in fact delivered them to the…
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Action of assumpsit brought to October rules 1865, in the •Circuit Court of Hampshire County. The defendant pleaded the general issue and two special pleas ; the latter alleged substantially that the plaintiff sold the cattle, the subject of the suit, to the defendant for the use of the Confederate army, then in hostility, &c., and that the plaintiff well knew they were purchased for such use at the time of the purchase; that defendant in fact delivered them to the Confederate army, without any benefit or profit to himself, and that such sale was null and void by reason of its being against…
1Opinion of the Court
BERKSHIRE P.
The action in this case was assumpsit for the price or value of sundry cattle alleged to have been sold and delivered by the plaintiff to the defendant.
The defendant pleaded non assumpsit, and also two special pleas; the latter pleas alleging, in substance, that the cattle mentioned in the declaration were sold by the plaintiff to* the defendant for the use of the armies of the so called Confederate States of America, then engaged in armed hostility to the armies and Government of the United States; that the plaintiff well knew at the time' of such sale and delivery they were…
2Cited by8 opinions
- Nelson County v. ColemanSupreme Court of Virginia · 1919
- Walker v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1910
- Maloney v. BarrWest Virginia Supreme Court · 1886
- First National Bank v. BaileyWest Virginia Supreme Court · 1924
- Harman v. HoweSupreme Court of Virginia · 1876
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