48 W. Va. 406 | W. Va. | 1900
This is an action of assumpsit brought in the circuit court of Hancock County by the National Exchange Bank of Steuben-ville, Ohio, against Francis E. McElfish and Jeremiah C. Swearengen, partners doing business under the firm name of the McElfish Clay Manufacturing Company, Albert G. Lee, Bobert M. Lee and the said persons composing the said partnership firm under the name of the McElfish Clay Manufacturing Company, partners doing business under the firm name of A. G. Lee & Co., on three notes, all dated at Penrith, West Virginia, each payable sixty days after its date to the order of A. G. Lee & Co. at the Commercial National Bank Steubenville, O., and made by the McElfish Clay Manufacturing Company, by F. E. McElfish, treasurer, one for five hundred dollars; dated December 20, 1897, one for one thousand dollars, dated December 27, 1897, the other for two hundred and fiftjr-two dollars and fifty cents, dated January 21, 1898. On the five hundred dollar note is the endorsement, “Protest waived. A. 'G. Lee & Co,” the one thousand dollar note, the endorsement, “For value received we hereby guarantee the payment of the within note at maturity, waiving de-
The court erred in its order of July 13, 1899, in that it reversed the first judgment of June 27, 1898, only as to the defendant Robert M. Lee, when it should have been reversed as to
Reversed.