Conaway v. Odbert
West Virginia Supreme Court
Jonathan U. Haymond executed a note to Thomas F. Con-aioay on the 25th day of February 1861, payable four months after date, negotiable and payable at the Fairmont Bank, in Marian county, in Baltimore funds. Conaioay endorsed the same to Fhoch P. Fiteh, who endorsed it to Shipley, Poane §■ Co., merchants of the city of Baltimore. The note not being paid at maturity was protested, and was paid off by Shipley.
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Jonathan U. Haymond executed a note to Thomas F. Con-aioay on the 25th day of February 1861, payable four months after date, negotiable and payable at the Fairmont Bank, in Marian county, in Baltimore funds. Conaioay endorsed the same to Fhoch P. Fiteh, who endorsed it to Shipley, Poane §■ Co., merchants of the city of Baltimore. The note not being paid at maturity was protested, and was paid off by Shipley. Roane $ Go., who brought suit thereon, in the district court for the western district of Virginia, and at the- April term 1862, obtained judgment against Fitch for 1,402. dollars and 96…
1Opinion of the CourtMaxwell, J.
The appellee claims the right to be substi_ tuted to all the rights of the administrator of Enoch P. Fitch, deceased, as well as to all the rights of Shipley, Roane & Co., as against the appellant Cfenaway as the first endorser of the negotiable note made by Ilaymond and endorsed by Conaway and Fitch. He claims that the judgment in the circuit court of Marion county, in favor of Shipley, Roane & Co. against Conaway and Haymond, is conclusive «against *36the said Conaway in favor of the administrator of the said Fitch.
I think there is no doubt but that Odbert is entitled to be substituted to all…
2Cases cited2 opinions
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- Paine v. TutwilerSupreme Court of Virginia · 1876
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