Price v. Hosterman Lumber Co.
West Virginia Supreme Court
Appeal from Circuit Court, Pocahontas County. Suit by Andrew Price, trustee, against the Plosterman Lumber Company and others. Prom the decree Uriah Iievener appeals.
1DissentPoeeeNbARGER, Judge
The rule applied here is purely technical and artificial, and •wholly fails to produce an equitable result. For that reason, I am unable to agree to it. , The authorities are divided upon the question and, in the federal supreme court, there was a division as nearly equal as possible. Merrill v. Bank, 173 U. S. 131.’ The dissenters were Justices White, Piarían, McKenna and Gray. Some of the state courts have since followed the views of the dissenters and rejected those of the majority. Bank v. Duncan, 84 Miss. 467; Chemical Co. v. Edwards, 136 N. C. 73. The attempt to justify the rule upon…
2Cases cited6 opinions
- Merrill v. National Bank of JacksonvilleSupreme Court of the United States · 1899
- Hale v. LeatherbeeMassachusetts Supreme Judicial Court · 1900
- Williams v. OverholtWest Virginia Supreme Court · 1899
- Union & Planters Bank v. DuncanMississippi Supreme Court · 1904
- Washburn v. TisdaleMassachusetts Supreme Judicial Court · 1887
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