R. S. Oglesby Co. v. Lindsey
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Grayson county in an action of assumpsit. Judgment in favor of all of the defendants but one. Plaintiff assigns error.
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Error to a judgment of the Circuit Court of Grayson county in an action of assumpsit. Judgment in favor of all of the defendants but one. Plaintiff assigns error. The following instructions requested by plaintiff were refused: Instruction No. 1: '“The court instructs the jury that if they believe from the evidence that the paper offered in proof in this case as the statement and affidavit under which the Lindsey Mercantile Company, Limited, was formed, has not been recorded in the clerk’s office of Grayson county, Va., in a separate book kept for that purpose, or that the same has not been…
1Opinion of the Court
Keith, P.,
delivered the opinion of the court.
The Oglesby Company, Incorporated, sued C. L. Lindsey and others in assumpsit, claiming the sum of $586.30 as due upon an account for goods sold and delivered. The defendants appeared and pleaded that the cause of action mentioned in the declaration was contracted, if at all, by the Lindsey Mercantile Company, a limited partnership formed and doing business under the laws of the State of Virginia; that the defendants other than C. L. Lindsey were only special partners of the Lindsey Mercantile Company; that they were not interested or in any way…
2Cases cited1 opinion
- Hoge & Hutchinson v. TurnerSupreme Court of Virginia · 1899
3Cited by7 opinions
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