Niemeyer v. Wright
Supreme Court of Virginia
Tliis was an actionof assumpsit in tlie circuit court of the city of Portsmouth, brought by Memeyer, Etheridge & Brooks, partners doing business in the city of Portsmouth, against Y. Logan Wright, to recover the amount of an ac- count for fertilizers and of a note for $134, the whole amounting to $833.50. In the account, besides the note, were ■ two items, one for $40 and the other for $20, for an article called kainit; the rest of the account was for guano; and the only…
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Tliis was an actionof assumpsit in tlie circuit court of the city of Portsmouth, brought by Memeyer, Etheridge & Brooks, partners doing business in the city of Portsmouth, against Y. Logan Wright, to recover the amount of an ac- count for fertilizers and of a note for $134, the whole amounting to $833.50. In the account, besides the note, were ■ two items, one for $40 and the other for $20, for an article called kainit; the rest of the account was for guano; and the only marks or labels on the bags containing the guano bags containing the guano were on some of them, “ Warranted genuine No. 1…
1Opinion of the CourtBurks, J.
The instruction complained of here, which was given to the jury by the learned judge on the trial of this case in the court below, is based on the assumption, that if the bags or sacks containing the guano sold by the plaintiffs to the defendant were not labelled as required by the act of March 29, 1871, or if before the sale no samples of the fertilizer were submitted to the commissioner of agriculture to be tested by him, as the act of March 29, 1877, enjoins, the contract, which was the ground of the action, was illegal and void, and therefore no recovery could be had upon it.
The first…
2Cases cited2 opinions
- Larned v. AndrewsMassachusetts Supreme Judicial Court · 1871
- Middleton v. ArnoldsSupreme Court of Virginia · 1856
3Cited by36 opinions
- P. M. Palumbo, Jr., M.D., Inc. v. BennettSupreme Court of Virginia · 1991
- State v. American Book Co.Supreme Court of Kansas · 1904
- Price v. . EdwardsSupreme Court of North Carolina · 1919
- Sanford v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
- Todd & Smith v. GatesWest Virginia Supreme Court · 1882
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