Carlton, Chamberlain & Co. v. Mays
West Virginia Supreme Court
Supersecteas, granted on the petition of Ambrose Carlton and James H. Gardner, surviving partners of Carlton, Chamberlain & Co., to a judgment of the circuit court of Greenbrier county, rendered on November 3, 1873. The plaintiffs below were the said petitioners, and the defendants Jonathan Mays, William H. Montgomery and F. T. Montgomery. The material tacts appear in the opinion of the Court. The Hon. Homer A. Holt, judge of said circuit court, presided at the trial below.
1Opinion of the Court
Paull, Judge :
In 1873, the plaintiffs’ brought an action of assumpsit in the circuit court of Greenbrier county against the de*246fendants, for the recovery of an account for merchandise, and ^kd a declaration with the common counts. Defendants filed a plea of the statute of limitations, to which the plaintifis replied generally. The issue was tried before a jury, and, from a bill of exceptions found in the record, we learn that at the trial the defendants introduced William H. Montgomery, one of the defendants, as a witness to prove transactions between him and William P. Chamberlain, one of the…
2Cases cited1 opinion
- Rowt's adm'x. v. Kile's adm'r.Supreme Court of Virginia · 1829
3Cited by15 opinions
- Shrewsbury v. MillerWest Virginia Supreme Court · 1877
- Seabright v. SeabrightWest Virginia Supreme Court · 1886
- Voss v. KingWest Virginia Supreme Court · 1889
- Fuller v. Margaret Mining Co.West Virginia Supreme Court · 1908
- Mooney v. BartonWest Virginia Supreme Court · 1971
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