Harrison v. Smith, Rhodes & Co.
West Virginia Supreme Court
Smith, Rhodes & Co., a firm composed of Thos. Smith, Edward II. Rhodes, Geo. W. "Wilson and William S. Hart, as its individual members, brought suit against Nathaniel Harrison, administrator of William Erskine, deceased, in the circuit court of Kanawha county, and filed their declaration at March rules, 1867. The action was founded on a bond executed by the defendant’s decedent in 1860, to the plaintiffs, by their firm name and style of Smith, Rhodes & Co. At the April term…
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Smith, Rhodes & Co., a firm composed of Thos. Smith, Edward II. Rhodes, Geo. W. "Wilson and William S. Hart, as its individual members, brought suit against Nathaniel Harrison, administrator of William Erskine, deceased, in the circuit court of Kanawha county, and filed their declaration at March rules, 1867. The action was founded on a bond executed by the defendant’s decedent in 1860, to the plaintiffs, by their firm name and style of Smith, Rhodes & Co. At the April term following, the defendant pleaded nil debit, payment and set off. There was an affidavit tendered to be filed under the “…
1Opinion of the Court
Brown, President.
This, then, was an action of debt, in the circuit court of Kanawha county, by Thomas Smith, Edward H. Rhodes, George W. Wilson, and Wm. S. ITart, partners under the firm name of Smith, Rhodes & Co., against Nathaniel Harrison, Administrator, with the will annexed of 'Wm. Ers-kine, dec’d.
The defendant pleaded nil debit, payment, and set off, and at the April term, 1867, tendered an affidavit intended to be under and in pursuance of the act of February 28th, 1865, in relation to suitor’s oaths, and the act of March 1st, 1866, to the filing of which affidavit the plaintiff…
2Cited by1 opinion
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