Washington v. Burnett
West Virginia Supreme Court
This was an action of debt brought to February rules, 1868, in the circuit court of Jefferson county, by Richard B. Washington, executor of John A. Washington, against Ann J. Burnett. The defendant pleaded payment, and a release of the bond sued on, by amertain writing sealed with the seal of the plaintiff. At the June term, 1868, a trial was had and verdict for the defendant; verdict set aside on motion of the plaintiff and new trial granted.
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This was an action of debt brought to February rules, 1868, in the circuit court of Jefferson county, by Richard B. Washington, executor of John A. Washington, against Ann J. Burnett. The defendant pleaded payment, and a release of the bond sued on, by amertain writing sealed with the seal of the plaintiff. At the June term, 1868, a trial was had and verdict for the defendant; verdict set aside on motion of the plaintiff and new trial granted. At the December term a second trial was had and another verdict for the defendant which the court refused to set aside, and the plaintiff excepted and…
1Opinion of the Court
Brown, President.
This was an action of debt on a bond, for the payment of money to which there were two pleas, viz: payment, and a special plea of release. The facts proved showed the debt paid partly in lawful money, partly in wheat at a stipulated price, partly in orders on the treasurer of the confederate states, so-called, and the residue in confederate money, *95which payments were accepted and received as such in full of said bond; but the bond not being in the possession of the plaintiff, to be- surrendered up, he then agreed and undertook to procure and deliver it to the defendant, and…
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