Shepherd v. Wysong
West Virginia Supreme Court
At the March rules, 1866, Samuel W. Wysong, assignee of G. W. Eichelberger, brought an' action of debt against Amos Shepherd in the circuit court of the county of Jefferson.
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At the March rules, 1866, Samuel W. Wysong, assignee of G. W. Eichelberger, brought an' action of debt against Amos Shepherd in the circuit court of the county of Jefferson. The declaration averred that the defendant made his sealed obligation for 1,000 dollars On the 1st day of January, 1859, to become due on the 1st day of March, 1862. No receipt or averment of interest, due or claimed, was made in the cteclaration, but the bond, of which profert was made, on its face, bore interest from the 1st day of March, 1859. At the April term, following, the defendant filed two pleas, one a plea that…
1Opinion of the CourtMaxwell, J.
This was an action of debt in the circuit court of Jefferson county, in the name of Wysong, assignee of Eichelberger, against Shepherd, to recover the amount of a writing obligatory for 1,000 dollars executed by Shepherd to Eichelberger.
There were two trials oí the case had before juries. At the first trial two special pleas were filed, one a plea of tender, the other a plea averring that when the sum specified in the said bond became due and payable the defendant tendered the amount thereof to the plaintiff, which he refused to receive; and averring that in consideration that the said…
2Cases cited2 opinions
- Ah Lim v. Territory of WashingtonWashington Supreme Court · 1890
- M'Call v. TurnerCourt of Appeals of Virginia · 1797
3Cited by13 opinions
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- Teter v. MooreWest Virginia Supreme Court · 1917
- Simpson v. MannWest Virginia Supreme Court · 1912
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