Milburn Wagon Co. v. Nisewarner
Supreme Court of Virginia
Argued at Richmond. Decided at Wytheville. Error to .judgment of circuit court of Rockingham county, rendered October 28, 1892, in an action of debt, wherein the Milburu Wagon Company was plaintiff, and Emma S. Nise-warner was defendant. Opinion states the case.
1Opinion of the Court
Leavis, P.,
delivered the opinion of the court.
*715This was an action to recover the -amount of sundry negotiable notes given for two lots of wagons sold by the plaintiff, the Milburn Wagon Company, to the defendant, Emma S. Nisewarner. The defendant pleaded the general issue, and also a special plea of setoff, under section 8299 of the Code, setting up a breach of warranty, and claiming damages to the amount of $4,-250 82. The jury returned a verdict for the defendant for $538 56 damages, after deducting the debt claimed in the declaration; and the defendant, at the suggestion of the court,…
2Cases cited3 opinions
- Mason v. ChappellSupreme Court of Virginia · 1860
- Herron & Holland v. Dibrell Bros.Supreme Court of Virginia · 1891
- Geo. Enger & Co. v. W. W. Dawley & Co.Supreme Court of Vermont · 1890
3Cited by3 opinions
- Alfonso Linwood Carney v. Sears, Roebuck and Co.Court of Appeals for the Fourth Circuit · 1962
- Kitchin v. Oregon Nursery Co.Oregon Supreme Court · 1913
- Wilson v. ShacklefordSupreme Court of Virginia · 1826