King v. M'Daniel

Decided April 15, 1799

Court of Appeals of Virginia · decided 1799-04-15

The declaration in this case was very unusual, and jumbled a variety of things together, the whole amount of which was, that the defendant had taken away a hogshead of tobacco belonging to the plaintiff.

Relies on Reynolds v. Dexter Horton & Co.

Decided 1799-04-15

Pendleton, President.

¶1May not tort be a sufficient ground whereon to found assumpsit f

¶2By the appellant’s counsel. The court did not appear to admit it in Winston v. Francisco, 2 Wash. 187.

¶3Lyons, Judge. That case was decided upon the want of an averment of a promise.

¶4Carrington, Judge. Winston v. Franciscowas determined expressly upon the ground that no assumpsit was alledged.

¶5Per Cur. Affirm the judgment.