McClain v. Lowther
West Virginia Supreme Court
cited 19 W. Ya. 312; 21 Gratt. 1; 5 W. Ya. 156 ; 19 W. Ya. 312; 2 Graft.. 536 ■ Code c. 99, s. 3 ; Sto. Prom. BT. (6th ed.) §:15 ; 20 W. Ya. 46; Dan. !Neg, Inst. 926, 1073, 1074, 1076, 1084„ 1198, 1587, 15.88, 1597, 1600, 1630. , .
1Opinion of the Court
Lucas, Pkesident:
This was an action of assumpsit in the Circuit Court of Doddridge county upon a check for five hundred dollars drawn by Oliver Lowther on the Second ISTational Bank of Parkersburg, payable to the order of A. J. Lowther. After the plaintiff had closed his case, the defendant demurred to the evidence, and, the plaintiff having joined in the demurrer, the jury found, a conditional verdict oil the issue of non assumpsit, and the court gave judgment against the defendant for the full amount of the cheek with interest and costs. Prom that judgment this writ of error is prosecuted.
Th…
2Cases cited2 opinions
- Farmers' Bank v. VanmeterCourt of Appeals of Virginia · 1826
- Ford v. McClungWest Virginia Supreme Court · 1872
3Cited by5 opinions
- Purcell v. Armour Packing Co.Court of Appeals of Georgia · 1908
- Martin v. MartinIllinois Supreme Court · 1903
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- Archer v. WardSupreme Court of Virginia · 1853
- McGuffin v. Coyle and GussSupreme Court of Oklahoma · 1906