Middle States Loan, Building & Construction Co. v. Engle
West Virginia Supreme Court
Error to Circuit Court, Jefferson County. Assumpsit by the Middle States Loan, Building & Construction Company against John H. Engle and another. The court sustained a demurrer to the third count of the declaration, and plaintiff brings error.
1Opinion of the Court
McWhorter, Judge:
The Middle States Loan, Building & Construction Company-brought its action of assumpsit in the circuit court of Jefferson County against John H. Engle and Thomas Jones, as guarantors of G. Frank Engle, and at April rules, 1897, filed its declaration containing the common counts, and three special counts. The defendants demurred to the declaration and to each count, in which the plaintiff joined. The court overruled the demurrer to the first and sec- and counts and the common counts, and sustained it as to the third special count. Plaintiff, by leave of the court, withdrew the…
2Cases cited6 opinions
- Johnson v. ShepardMichigan Supreme Court · 1876
- Kearnes v. MontgomeryWest Virginia Supreme Court · 1870
- Kern v. ZeiglerWest Virginia Supreme Court · 1878
- State ex rel. Lanham v. HarmonWest Virginia Supreme Court · 1879
- Farrow v. . RespessSupreme Court of North Carolina · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Loverin & Browne Co. v. BumgarnerWest Virginia Supreme Court · 1906
- Kennaird v. JonesSupreme Court of Virginia · 1852
- Liquidating Midland Bank v. SteckerOhio Court of Appeals · 1930
- PITA, LLC, and Milan Puskar revocable Trust Restated 9/28/11 v. Scott S. Segal and Scott S. Segal v. PITA, LLC, the Milan Puskar Revocable Trust Restated, 9/28/11Intermediate Court of Appeals of West Virginia · 2023