Welsh v. Ebersole
Supreme Court of Virginia
This was an action of trespass on the case in assumpsit, brought in the circuit court of Frederick county by George W. Welsh, against J. F. Ebersole, to recover of said Ebersole the sum of $1,900 and interest, the amount specified in a certain bond executed on the 24th day of February, 1869, by 17. W. Solenberger to said Ebersole, and passed by the said Solenberger to the said Welsh, with the indorsement thereon, in blank, of said Ebersole’s name.
Read the full summary
This was an action of trespass on the case in assumpsit, brought in the circuit court of Frederick county by George W. Welsh, against J. F. Ebersole, to recover of said Ebersole the sum of $1,900 and interest, the amount specified in a certain bond executed on the 24th day of February, 1869, by 17. W. Solenberger to said Ebersole, and passed by the said Solenberger to the said Welsh, with the indorsement thereon, in blank, of said Ebersole’s name. The declaration, filed at February rules, 1877, contains three counts. The first count is as follows: “George W. Welsh complains of J. F. Ebersole,…
1Opinion of the CourtStaples, J.
The only question arising upon this record is, whether the circuit court properly sustained the demurrer to the second and third counts of the plaintiff’s declaration. Before considering this question, it will conduce to a clear comprehension of the case to state substantially the material averments contained in these counts. The second count alleges that 1ST. W. Solenberger was indebted to the plaintiff in the sum of $1,900, part of the purchase money for a tract of land; that Solenberger preferred to give personal security for the payment of the debt rather than a lien on the land, and…
2Cases cited6 opinions
- Seymour & Bouck v. Van SlyckNew York Supreme Court · 1832
- Josselyn v. AmesMassachusetts Supreme Judicial Court · 1807
- Hopkins, Brother & Co. v. RichardsonSupreme Court of Virginia · 1852
- Arents v. CommonwealthSupreme Court of Virginia · 1868
- Orrick v. ColstonSupreme Court of Virginia · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Everts v. MattesonCalifornia Supreme Court · 1942
- Cobb v. Vaughan & Co.Supreme Court of Virginia · 1925
- Ives v. WilliamsSupreme Court of Virginia · 1925
- Young v. SehonWest Virginia Supreme Court · 1903
- Ragsdale v. HagySupreme Court of Virginia · 1852
3 more not listed; retrieve them via the Exa API.