Custard v. McNary
West Virginia Supreme Court
Error to Circuit Court, McDowell County. Action of assumpsit by John H. Custard, as trustee in bankruptcy of the Bluestone Construction Company, against C. S. McNary and others. Judgment for plaintiff, and defendants bring error.
1Opinion of the Court
LYNCH, Judge:
From a judgment for plaintiff pronounced by the lower court sitting in lieu of a jury in an action of assumpsit to recover money paid defendants, alleged to belong to plaintiff as trustee in bankruptcy, defendants prosecute this writ. On July 5, 1916, the Bluestone Construction Company, now bankrupt, contracted with the State Board of Control for the construction of a certain addition to Welch Hospital No. 1, at Welch, the work to be completed on or before December 1, 1916. The contract contained this provision: “If, at any time, the contractors should for any cause fail or be…
2Cases cited9 opinions
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Hurley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1909
- Zartman v. First Nat. Bank of WaterlooSupreme Court of the United States · 1910
- Chicago Title & Trust Co. v. National Storage Co.Illinois Supreme Court · 1913
- Howell v. HarveyWest Virginia Supreme Court · 1909
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3Cited by1 opinion
- McCoy, Guardian v. HydrickSupreme Court of South Carolina · 1928