Shanklin's Adm'r v. Crisamore
West Virginia Supreme Court
In July, 1866. Elizabeth F. Crisamore brought an action of trespass on the ease in assumpsit against John A. Welch, Administrator of William II. Shanklin, in the circuit court of Greenbrier. At the September term, 1866, the defend- and pleaded the general issue, to which'plea the plaintiff replied generally.
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In July, 1866. Elizabeth F. Crisamore brought an action of trespass on the ease in assumpsit against John A. Welch, Administrator of William II. Shanklin, in the circuit court of Greenbrier. At the September term, 1866, the defend- and pleaded the general issue, to which'plea the plaintiff replied generally. A jury was empanneled and a verdict rendered for the plaintiff at the September term, 1868. On the trial the defendant excepted to the ruling of the court excluding proof of general payment, offered by the defendant under the general issue, on the ground that such proof could not be…
1Opinion of the CourtMaxwell, J.
This was an action of assumpsit, tried before a jury upon an issue upon the plea of non-assumpsit. Upon the trial the defendant introduced a witness and asked him the following question: “ State whether or not you have had a conversation with the plaintiff concerning the services charged in this suit by the plaintiff, and if so,whether or not the plaintiff admitted that she had been fully paid for the same?”
To this question the plaintiff objected, and the court being of opinion that proof of payment could not be introduced under the plea’ of non-assumpsit, because no account of payment or set…
2Cited by10 opinions
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