Rootes v. Wellford & Co.
Supreme Court of Virginia
IN an action of assumpsit in behalf of John S. Wellford cJ Co. against Thomas R. Rootes, the declaration containing several counts, for goods sold and delivered by the plaintiffs to the defendant, for money had and received by the defendant lor the use of the plaintiff, and for a balance of'399/. 18s. 8Id. upon an account settled, the defendant pleaded non assumpsit.
Read the full summary
IN an action of assumpsit in behalf of John S. Wellford cJ Co. against Thomas R. Rootes, the declaration containing several counts, for goods sold and delivered by the plaintiffs to the defendant, for money had and received by the defendant lor the use of the plaintiff, and for a balance of'399/. 18s. 8Id. upon an account settled, the defendant pleaded non assumpsit. Upon the trial of the cause, he proved that the co.partnery of the plaintiffs was formed about September 1803 ; that, previous thereto, a co-partnery under the firm of Win-Chester, Howard Cf Co. of which Richard and Stephen…
1Opinion of the Court
Judge Roane
pronounced ■the following opinion of the court.
The court, (not deciding upon the extent of the custom in the second bill of exceptions mentioned, that is, whether it should extend to the proper transactions of each of the firms of Welford is” Co. and Richard and Stephen Winchester, with their customers, respectively, only, or to embrace, also, any debits assumed by them for the firm of Winchester, Howard itf Co.) is of opinion, thatno debits'could.be set up on account of either of the said firms, in the present action, unless the same were duly admitted by those having competent…
2Cited by7 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Burdett v. GreerWest Virginia Supreme Court · 1908
- Davis Snapp v. PolandSupreme Court of Virginia · 1895
- Brewster v. HardemanOglethorpe County Superior Court, Ga. · 1830
- Justices ex rel. Craddock v. Turner's adm'xSupreme Court of Virginia · 1835
2 more not listed; retrieve them via the Exa API.