W. Va. Transportation Co. v. Sweetzer
West Virginia Supreme Court
Statement by Greeít, Judge : Tlie West Virginia Transportation Company, a corporation oí this State, in 1878 brought an action of assumpsit in the circuit court of Wood county against Moses Sweetzor for freight on oil, storage, cash paid by the plaintiff to the Baltimore & Ohio Railroad Company for the use of the defendant at the request of the plaintiff, for freight on that road and for services and inspection of oil for defendant.
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Statement by Greeít, Judge : Tlie West Virginia Transportation Company, a corporation oí this State, in 1878 brought an action of assumpsit in the circuit court of Wood county against Moses Sweetzor for freight on oil, storage, cash paid by the plaintiff to the Baltimore & Ohio Railroad Company for the use of the defendant at the request of the plaintiff, for freight on that road and for services and inspection of oil for defendant. The declaration contained nothing but the proper common counts including a count for money had and received, and with it was filed a bill of particulars…
1Opinion of the Court
Green, .Judge :
The first ground of error assigned is, that the court erred in not excluding the defendant's proof of his bill of offsets, because the bill of particulars filed by the defendant did not give the plaintiff notice of the nature of the offsets as required by section four chapter one hundred and twenty-six of the Code of West Virginia. It is argued, that this bill of particulars was too vague to give the plaintiff notice of the nature of the defendant’s claim, because its heading stated, that it was the amount paid by the defendant to the plaintiff or for its use for freight in…
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