Raleigh County Bank v. Poteet
West Virginia Supreme Court
Error to Circuit Court, Raleigh County. Action by Raleigh County Bank against J. H. Poteet and others. Judgment for plaintiff, and defendants bring error.
1Opinion of the Court
POFFENBARGER, JUDGE:
In this action on a note, a tender of the amount conceded *512to be due was made after tbe institution of the action. Coming too late, it was wholly unavailing and futile, stopping neither interest nor costs, since we have no statute on the subject, modifying the common law. 28 Am. & Eng. Ency. 21, 38 Cyc. 147, 149, both citing numerous authorities.
Professing to be in debt, the writ claimed damages in the sum of $2500.00 and failed to specify the amount of the debt, wherefore, it varied from the declaration claiming $2200.00 as the principal of a note, $110.00 as commission…
2Cases cited42 opinions
- Coal & Coke Ry. Co. v. ConleyWest Virginia Supreme Court · 1910
- Childress v. EmorySupreme Court of the United States · 1823
- Pearce v. AtwoodMassachusetts Supreme Judicial Court · 1816
- First National Bank of Eagle Lake v. RobinsonTexas Supreme Court · 1911
- Bullock v. TaylorMichigan Supreme Court · 1878
37 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Moore v. Johnson Service Co.West Virginia Supreme Court · 1975
- Webster v. People's Loan, Savings & Deposit BankCourt of Appeals of Maryland · 1931
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- Colley v. Summers Parrott Hardware Co.Supreme Court of Virginia · 1916
- GAVENDA BROTHERS, INC v. Elkins Limestone CompanyWest Virginia Supreme Court · 1960
13 more not listed; retrieve them via the Exa API.