National Bank of Weston v. Lynch
West Virginia Supreme Court
Error to Circuit Court, Gilmer County. Action by the National Bank of Weston against Tliursey M. Lyncb and others. Judgment for plaintiff, and defendant Thursey M. Lynch brings error. Robert L. Bland, for defendant in error.
1Opinion of the Court
Millee, Judge:
The first point of error is, that the court below permitted plaintiff to amend its declaration, charging the note sued on to be the joint note of defendants, instead of joint and several, as charged in the original 'declaration. The only case cited for this proposition is, Postmaster General v. Ridgway, Fed. Cas. No. 11,313. In that case plaintiff had declared against one obligor alone as jointly and severally bound. The plea was non est factum. The bond offered, on the trial was the joint bond of defendant and another. On objection, on account of variance, the court in its…
2Cases cited19 opinions
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- Brown v. Marion National BankSupreme Court of the United States · 1898
- Kuhn v. BrownfieldWest Virginia Supreme Court · 1890
- Gilchrist v. W. Va. O. & O. L. Co.West Virginia Supreme Court · 1882
- National Bank v. . LewisNew York Court of Appeals · 1878
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3Cited by3 opinions
- Payne v. KinderWest Virginia Supreme Court · 1962
- Miller v. Oklahoma State Bank of AltusSupreme Court of Oklahoma · 1915
- Stealey v. LyonsWest Virginia Supreme Court · 1946