134 S.E. 736 | W. Va. | 1926
W. D. Holliday, hereafter called plaintiff, in the course of his business as a merchant, accepted at face value, for value returned, from various employees of Elkhorn-Piney Coal Mining Company, hereafter called defendant, certain scrip, due-bills, or tokens issued by defendant, in the sum of $299.50, and presented same to defendant on a regular pay day, after same became due, and requested defendant to redeem same in lawful money of the United States of America. Upon defendant's refusal to redeem same, plaintiff instituted his action before a justice of the peace of Raleigh County and obtained judgment for $299.50. Defendant appealed. The circuit court heard the case on an agreed statement of facts and found for defendant. Plaintiff comes here on writ of error.
The defendant, in addition to housing a large number of its employees, operates a general merchandise store for the use and benefit of said employees, as well as others. In the course of the business of the company store, the said company has in use a system of credit consisting of brass scrip, due-bills, tokens, or chips representing various denominations — from one dollar down. The obverse side of said scrip, due-bills, or tokens bear the following inscription: "Payable in cash on pay-days when due to employee to whom issued. Ingle-Schirloh Co., Dayton, O. In merchandise only — Nontransferable;" on the reverse, "Elkhorn-Piney Coal Mining Company." It is the defendant's custom to issue certain pieces of said scrip from time to time to its employees, at their request, for labor performed, or to be performed, in course of their employment about the business of the company, and defendant redeems the face value of the scrip, due-bills, or tokens in merchandise at its store at any time after issuance to such employees, or pays in cash to any employee to whom issued the face amount of such unused scrip, due-bills, or tokens at pay days when the amount of money is due for which the scrip, due-bills, or tokens were issued under the contract *149 of employment. There is no reasonable way to identify any specific piece or part of said scrip, tokens, or due-bills, each denomination being as nearly alike as possible. It does not bear the name of the employee to whom issued.
The "scrip law" as it stood before the addition of two provisos by the last Legislature (Acts 1925, Chap.
This act was held to be constitutional in State v. PeelSplint Coal Company,
It will be observed that the statement of facts upon which the case was tried in the circuit court admits that the scrip was issued "for labor performed, or to be performed." The original statute (Ch. 15H, § 80, Code, 1923), now incorporated in toto in Chap.
There is no separation of the amount of scrip given for "labor performed" and for "labor to be performed". The law casts the burden on defendant to bring such issuance within the terms of the provisos. Richard's Case,
Upon the agreed statement of facts, the plaintiff was entitled to judgment. The judgment of the circuit court is therefore reversed, annulled and set aside. As a jury was expressly waived by both parties to the litigation, and the case submitted to the court in lieu thereof, judgment for the plaintiff is entered here.
Reversed; judgment here.