Legal Opinion · Dissent

Estate of Luigi Bossio a/k/a Louis Bossio v. Bernard v. Bossio, etc.

West Virginia Supreme Court

Decided April 7, 2016No. 14-1328 & 14-1329Published

1DissentBenjamin, Justice

(Filed May 9,2016)

I disagree with the majority’s conclusion that the respondent, Bernard Bossio, proved the terms of the missing 1990 stock purchase agreement through the production of secondary evidence. Accordingly, I would have reversed the circuit court’s orders.

The majority relies on a handful of cases from different jurisdictions which I believe are distinguishable or inapplicable with regard to establishing the terms of the 1990 agreement. First, the majority argues that the testimony of the respondent constitutes secondary evidence that may establish the terms of the 1990 agreement,…

2Cases cited4 opinions

  1. Dart Industries, Inc. v. Commercial Union Insurance Co.California Supreme Court · 2002
  2. Kenniff v. CaulfieldCalifornia Supreme Court · 1903
  3. Am. Sav. & Loan Ass'n v. ATLANTIC INV. CORP.District Court of Appeal of Florida · 1983
  4. FARMERS CO-OP. ASS'N v. CooperCourt of Appeals of Iowa · 2006

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