Cook Pottery Co. v. J. H. Parker & Son
West Virginia Supreme Court
Case certified from Circuit Court, Wood County. Action by the Cook Pottery Company against J. H. Parker & Son. Rulings permitting the filing of special pleas of set-off and of a notice of recoupment tendered, by defendants, certified for review.
1Opinion of the Court
Lively, Judge:
The action of the circuit court in overruling demurrers to two special pleas of set-off, and in overruling objections of the plaintiff to the notice of recoupment filed by the defendants, and in refusing to strike the same out, has been certified to this court for review.
The case was before this court on somewhat similar questions raised by this record, and is reported as Pottery Company v. Parker, 86 W. Va. 580.
Plaintiff sued defendants on certain notes aggregating $5,-170.00 and defendants tendered two special pleas of set-off *9designated as special plea No. 1 and special plea…
2Cases cited7 opinions
- Marsh v. Nichols, Shepard & Co.Supreme Court of the United States · 1888
- J. B. Campbell's ex'ors v. A. C. Campbell's ex'orSupreme Court of Virginia · 1872
- Burton v. Burton Stock Car Co.Massachusetts Supreme Judicial Court · 1898
- Evans v. JordanSupreme Court of the United States · 1815
- Richardson Shoe Machinery Co. v. Essex Machine Co.Massachusetts Supreme Judicial Court · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Coleman v. . WhisnantSupreme Court of North Carolina · 1945
- Coleman v. WhisnantSupreme Court of North Carolina · 1945
- First National Bank of Bluefield v. ClarkWest Virginia Supreme Court · 1994