Bank of Virginia ex rel. Isaacs, Taylor & Williams v. Handley

Citations

• 14 W. Va. 823
• 1879 W. Va. LEXIS 12

Syllabus

<p>1. The P. D. & Oo. of the Bank of Virginia, a corporation who sued for the benefit of W. B. I., W. G. T. and J. 0. W., partners in trade under the name, firm and style of Isaacs, Taylor & Williams, brought an action of debt in the circuit court of the county of Greenbrier against the maker and endorsers of a negotiable protested note on the 27th day of July, 1874, which note is .described in the declaration as bearing date the 24th day of August, 1861, and negotiable and payable at the office of discount and deposit of the Bank of Virginia at Union, and due and payable on the 21st day of December, 1861. Defendants appeared and pleaded nil débet, and also the plea of the statute of limitations of five years. To the plea of nil debet and the statute of limitations'the plaintiff replied generally: and to the plea of the statute of limitations the plaintiff also tendered three special replications marked No. 1, No. 2 and No. 3, as follows: No. 1 — And the said plaintiffs, for further replication to the defendants’ plea of the statute of limitations, say that they could not, nor could either of them truly make the affidavit prescribed by section 27 of chapter 106 of the Code of West Virginia, and that therefore the said action was commenced within five years after the cause of action in the said declaration mentioned accrued; and this they are ready to verify, &e. No. 2 — And the said plaintiffs, for further replication to the defendants’ plea of the statute of limitations, say that their right to prosecute their said action was obstructed by war, insurrection and rebellion from the 1st day of July, 1861, to the 1st day of July, 18G6, and so they say that their said action was commenced within five years after the said cause of action in the said declaration mentioned accrued; and this they are ready to verify, &c. No. 8 — -And the said plaintiffs, for further replication to the defendants’ plea of the statute of limitations, say that'their right ~to prosecute their s