B. & O. R. R. v. Bitner

Citations

• 15 W. Va. 455
• 1879 W. Va. LEXIS 37

Syllabus

<p>1. In an action of debt against a security alone on a joint and several penal bond, conditioned that the principal would faithfully pay over certain moneys, which would be collected by him as agent of the plaintiff, the defendant can neither offset nor recoup a debt due to the principal by the plaintiff for services as such agent when receiving such money.</p> <p>2. If a bill of offsets be'tendered, and there accompanies it a bill o£ particulars showing the nature of the offsets claimed, and the court refuse to permit such plea to be filed, the court will regard the question whether sucha plea of set-off, as this bill of particulars shows was relied upon, ought to have been permitted to be filed, though the bill of exceptions does not set forth the plea of set-off which was tendered.</p> <p>8. A defendant craves oye,r of a conditional bond, and pleads conditions performed ; the plaintiff replies, and states the breaches of the condition, concluding the replication with a verification; the record then states that to this replication the defendant pleaded the general issue; and the jury was sworn to try the issue ; and it appears that the evidence submitted to the jury was such evidence as would have been proper, if their had been a formal traverse of the replication and issue joined thereon. This Court will interpret the entry on the record-book as meaning that the defendant rejoined to the replication generally; and after verdict the issue must be held to have been sufficiently well made ’ to sustain the verdict and judgment thereon.</p>