Duty v. Williamson Hudson-Essex Sales Co.

Lively, President :

Plaintiffs, J. M. Duty and Mrs. J. M. Duty, recovered judgment for $300 against the Williamson Hudson-Essex Sales Company for breach of contract before a justice of the peace in Mingo county; defendant appealed and executed an appeal bond for the amount of the judgment, with C. B. Early as surety thereon. Before trial of the cause in the circuit court, the sales company became insolvent; the court appointed a receiver to wind up its affairs; the affairs of the sales company were administered and all assets collected and sold and the proceeds thereof disbursed. Upon trial in…