Sheppard v. Peabody Ins.
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Jefferson, rendered on the 15th day of November, 1879, in an action at law in said court then pending, wherein John A. Sheppard, administrator of Amos Sheppard deceased, was plaintiff,- and The Peabody Insurance Company was defendant, allowed upon the petition of said company. Hon. John Blair Iloge, judge of the third judicial circuit, rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the circuit court of the county of Jefferson, rendered on the 15th day of November, 1879, in an action at law in said court then pending, wherein John A. Sheppard, administrator of Amos Sheppard deceased, was plaintiff,- and The Peabody Insurance Company was defendant, allowed upon the petition of said company. Hon. John Blair Iloge, judge of the third judicial circuit, rendered the judgment complained of. GREEN, Jud&b, furnishes the following statement of the case: At the January rules, 1876, John A. Sheppard, administrator of Amos Sheppard,…
1Judgment of the CourtGreen, Judge
The first enquiry is, did the court below err in overruling the demurrer to the declaration ? As the demurrer was to the entire declaration and not to each count, if either count was sufficient, the court did not err. See Nutter v. Sydenstricker, 11 W. Va. 535, syllabus 2 and 543 and cases cited. The second or common count.for money had and received, is good in this case. It is objected to because both the consideration for the promise and the promise itself, is stated after a whereas. It is unquestionably true, that it is a general rule of pleading, that whatever facts are necessary to…
2Cases cited23 opinions
- Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
- Clinton v. . the Hope Insurance CompanyNew York Court of Appeals · 1871
- Waring v. . the Indemnity Fire Ins. Co.New York Court of Appeals · 1871
- City of Davenport v. Peoria Marine & Fire InsuranceSupreme Court of Iowa · 1864
- Woodbury Savings Bank & Building Ass'n v. Charter Oak Fire & Marine InsuranceSupreme Court of Connecticut · 1863
18 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Wright v. Standard Ultramarine and Color Co.West Virginia Supreme Court · 1955
- Bentley v. Standard Fire InsuranceWest Virginia Supreme Court · 1895
- Medley v. German Alliance InsuranceWest Virginia Supreme Court · 1904
- Peninsular Land Transportation & Manufacturing Co. v. Franklin Insurance Co.West Virginia Supreme Court · 1891
- Knott v. Manufacturing Co.West Virginia Supreme Court · 1888
37 more not listed; retrieve them via the Exa API.