Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1890-04-10
CASE REVERSED.
THE SUPREME COURT MAKES AN IMPORTANT
DECREE
In Case Possessing a Good Deal Of hterest-A
Sketch Of the Matter in Con-
ir0yersy.

Clerk Mitchell Of the Circuit Court, has
received from Clerk O. S. Long Of the SUI
preme Court Of Appeals, information that
the case of Richard $ Radclin, plaintiff be
low, Y. Geo. W Poundstone. ct al, defen-
dants below. with John W. Carothers, APP
pellant. had been referred back 10 the Ohio
County Circuit Court for further pro-
ceediugs The case. which was tried be-
fore Judge Jacob i'm December, lSsN, is
quite an interesting one. involving some
very nice questions of law and fact. 10
came up before the Supreme Court on APP
peal obtained by Mary \. Poundstone, and
was decided April >, ISL. r. =. Radchn
claimed in his bill filed in said suit that he
formed partnership with Geo W. Pound
stone. of PENNSYLVANIA. for the purpose OF
/ buying and selling coal on the Monongahela
and Ohio rivers, equal amounts OF money
| 20 be furnished. Radclif was TO manage
| the business. II was further claimed
/ that AT the time the partnership was formed
/ Radcliff was indebted 10 Geo. W. Pound
stone and wife in the sum Of Si,24O evil
dencod by note. lt was agreed that Rad
cliff should supply funds 10 POundstone
/ for the business and that one half such
money should be charged against the note
and credited on IT, Plaintiff advanced
/ 6.GOO3S, but defendant declined 10 enter
/ the one-half as a credit on the note. but Gs-
signed the note 10 the Discount and De
post Bank of Brownsville. and was by il for
warded to the National Bank Of Fairmont
forcolcction, and i'm 1913 John ". Carroth-
ers. surety on the note, paid the amount
and took il up plaintih claimed that hay
ing fully paid such note, he was entitled 10
il long before its payment by Carrothers
and that the proceeds of the note i'm posses
sion of the l'airInout bank were subject TO
plaintiff equity.
In answering the bill, Mary A. Pound
/ stone denied all the material allegations
The ease was referred go a commissioner. 10
settle the partnership accounts. and the
Court decided that plaintiff was entitled 20
recover from Geo. W. Poundstouc -. 1NGl3.
and that the fund, attached in possession OF
the Fairmont Bank was in equity subject
10 the payment thereof From this decree
/ Mary \. POuudstonc obtained an appeal on
December q, 1850. and ON the 9TH Of April
the appeal was decided. reversing the de
cree of the Circuit Court of Marion. This
was entered IN the Circuit Court OF
Marion ON May -. ISL. and on July
: 1854. Mary \. Poundst0ne had the case
redOckcted. Numerous dispositions were
taken, and among other things twas shown
that 500 of the money was paid the Fair
mont Bank on May -, 1876. 10 James Nor
row. Jr.. and on September 6. 1876 $500
was paid TO X. =. Radciff and the cause
having been transferred 10 the Ohio county
court. decree was entered holding that
the Fairmont Bank was not liable TO the
demand of Mary A. Poundstone or the
others. the money having been paid over in
good faith. and dccreeing that the plantn
Il. =. Radcliff and the defendant, John w.
Cauothers. should pay said Mary a.
with interest. and dismissed the bill of
Radclif with costs
From this decree John w Corrothers OBJ
tanned an appeal to the Supreme Court.
which lcvcrses the decree and remands the
case 90 the Circuit Court of Ohio county
for further proceeding