Vance v. Kirk
West Virginia Supreme Court
Statement of case by Geeeh. Judge : At January rules, 1878, J. Nelson Vance and George Adams, late merchants and partners doing business under the name of Vance & Adams, filed their bill in the Circuit Court of Jackson county, in it alleging, that on January 12, 1S78, Thomas Kirk owed them $280.00 for goods purchased of them, and that on that day he executed to M. C. Latham, trustee, a deed conveying all his goods, wares and merchandize and other personal property in his…
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Statement of case by Geeeh. Judge : At January rules, 1878, J. Nelson Vance and George Adams, late merchants and partners doing business under the name of Vance & Adams, filed their bill in the Circuit Court of Jackson county, in it alleging, that on January 12, 1S78, Thomas Kirk owed them $280.00 for goods purchased of them, and that on that day he executed to M. C. Latham, trustee, a deed conveying all his goods, wares and merchandize and other personal property in his store in Ravenswood, in said county, amounting according to inventory made of them sixteen days before to $1,665.69 in…
1Opinion of the Court
Gbeen, Judge:
The first question to be decided in this cause is: — Should the court have sustained the demurrer to the plaintiffs’ bill?
The special object of the bill was to compel Jenkins, Jackson and Rathbone, who, when the cause of action arose, were-a partnership doing business under the name of Jenkins, Jackson & Go., to pay to the plaintiffs funds, which they had received from Latham, trustee, in a deed of trust duly recorded, which provided, that said funds should be paid to the plaintiffs. This appears on the face of the bill; and upon these allegations there can be no doubt, that…
2Cases cited1 opinion
- Pennington v. HanbySupreme Court of Virginia · 1814
3Cited by6 opinions
- Newman v. NewmanWest Virginia Supreme Court · 1906
- Wood v. ClaiborneSupreme Court of Arkansas · 1907
- Thomas v. LinnWest Virginia Supreme Court · 1894
- American Surety Co. v. First Nat. BankCourt of Appeals for the Fourth Circuit · 1944
- Saunders v. McDonoughSupreme Court of Alabama · 1928
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