Miller v. Lilly
West Virginia Supreme Court
Error to Circuit Court, Summers County. Action by A. E. Miller against T. H. Lilly and others. Judgment for plaintiff, and defendant named brings error.
1Opinion of the Court
POEFENBARGEE, JüDGK:
The judgment under review on this writ of error was rendered in an action of assumpsit, for contribution; and the defense *610was, in substance, payment of the secured debt by the plaintiff, out of property of the principal debtor. If there was such payment it was so involved in indirectness and beclouded by uncertainty, as to give rise to tire controversy culminating in this litigation.
The principal debtor was a corporation known as, the Hinton Foundry, Machine and Plumbing Company, and the parties to this litigation and others originally bound for the debt were its…
2Cases cited5 opinions
- Sanders v. WeelburgIndiana Supreme Court · 1886
- Crompton v. VasserSupreme Court of Alabama · 1851
- Keiser v. BeamIndiana Supreme Court · 1889
- Elrod v. GastineauCourt of Appeals of Kentucky · 1907
- Havens v. . WillisNew York Court of Appeals · 1885