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5 W. Va. 437

Welton v. Peerce

West Virginia Supreme Court

Decided July 15, 1872

West Virginia Supreme Court · decided 1872-07-15

Bill of injunction in the Circuit Court of Mineral county, filed October rules, 1867, by Wright Welton, against Angus W. McDonald, trustee, John T. Peerce and Charles Williams. The facts disclosed by the record are about as follows : That in 1858, Peerce and Williams endorsed a note in the Bank at Moorefield, in Hardy county, for Welton, for the sum of five thousand dollars. That it was renewed from time to time until December, 1859, when it was protested.

Cited by 1 later decisions — most recently October 1927

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1872-07-15

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Maxwell J.

¶1The appellant has wholly failed to show any .error to his prejudice in the decree complained of.

¶2The negotiable note of Welton, in which Peerce and Williams were endorsers, was fully paid off by Peerce and W ill'iams on the 7th day of June, 1860, by the satisfaction of the» judgment then paid by them.

¶3The money to satisfy the judgment seems to have been borrowed on the draft of Peerce, endorsed by Williams, bearing-date June 7th, 1860, and payable six months after date at the-Merchants’ Bank of Baltimore.

¶4The amount of this draft was paid by Peerce at its maturity, and the ri ght at once accrued to Peerce to recover from Wel-ton the entire amount of the negotiable note on which he was, first endorser.

¶5The questions which the appellant attempts to raise in the case do not arise in it. Hogan vs. Duke, 20 Gratt., 244; Michire vs. Jeffries, 21 Grat., 334.

¶6The decree complained of must be affirmed with damages- and costs.

The other judges concurred.

¶7Decree affiRued.

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