Star Piano Co v. Brockmeyer, (No. 3045.)

CourtSupreme Court of West Virginia
Writing for the CourtMILLER
Citation90 S.E. 338
PartiesSTAR PIANO CO. v. BROCKMEYER.
Decision Date10 October 1916
Docket Number(No. 3045.)

(78 W.Va. 780)
90 S.E. 338

STAR PIANO CO.
v.
BROCKMEYER.

(No. 3045.)

Supreme Court of Appeals of West Virginia.

Oct. 10, 1916.


(Syllabus by the Court.)

Error to Circuit Court, Cabell County.

Action by the Star Piano Company against A. Brockmeyer. Judgment for defendant, and plaintiff brings error. Affirmed.

Daugherty & Riggs, of Huntington, for plaintiff in error.

Williams, Scott & Lovett, of Huntington, for defendant in error.

MILLER, J. This action, begun before a justice, purporting to be "for the recovery of money due on contract, " and tried upon an appeal by the defendant in the circuit court, resulted in a verdict for plaintiff for two" hundred and forty five dollars, which the court, upon defendant's motion, set aside and awarded him a new trial. From that judgment the plaintiff obtained the present writ of error.

The cause of action was the price of one piano sold to defendant by plaintiff's agent, Wright, at Gallipolis, Ohio, in 1914, and the claim of plaintiff is that defendant failed to pay for the piano, and remains liable to it on his contract therefor. The material facts and circumstances relied on, and not controverted, are, that Wright, the agent of the plaintiff, was also the agent of the Singer Sewing Machine Company, and had been the latter's agent for about twenty five years. The defendant was supervisor of agencies of the Singer Sewing Machine Company, located at Huntington, this state, with jurisdiction over the territory in Ohio occupied by Wright At the time of his purchase of the piano from Wright, agent for plaintiff, he and his assistant Oonley were at Wright's place of business in Gallipolis, for the purpose of receiving his report of sales and collections, as agent of the Singer Sewing Machine Company, for the current settlement period. Wright's report showed an unusually good business, and his collections for which he was about to settle amounted to something over three hundred dollars. And then it was that Wright renewed his request to Brockmeyer to buy a piano. Brockmeyer then selected a piano, and Wright promptly transmitted an order to plaintiff for a piano like the one selected, to be shipped to Brockmeyer at Huntington from the plaintiff's factory in Indiana, the price agreed upon being two hundred and forty dollars. Brockmeyer then proposed to pay Wright for the piano, by his check on a Huntington bank, but instead Wright directed him to make the check payable directly to the Singer Sewing Machine Company, and turn it over to Con-ley on his account due the Singer Sewing Machine Company, and he would give Conley his check also for the balance due on his account, which was done and the settlement made in that way, Brockmeyer taking Wright's receipt as agent for the piano company, for the full price of the piano....

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13 practice notes
  • Graham v. Wriston, No. 12077
    • United States
    • Supreme Court of West Virginia
    • June 27, 1961
    ...and giving judgment against the party claiming to have been aggrieved.' Point 1 Syllabus. The Star Piano Co. v. Brockmeyer, 78 W.Va. 780 [90 S.E. 338]. 4. As a general rule, only specific grounds of objection to instructions will be considered by this [146 W.Va. 485] 5. Contributory neglige......
  • State Public Bldg. Asbestos Litigation, In re, Nos. 22023-22025
    • United States
    • Supreme Court of West Virginia
    • January 6, 1995
    ...giving judgment against the party claiming to have been aggrieved.' Point 1, Syllabus, The Star Piano Co. v. Brockmeyer, 78 W.Va. 780 [, 90 S.E. 338 (1916) ]." Syl. pt. 2, Young v. Duffield, 152 W.Va. 283, 162 S.E.2d 285 2. "An appellate court is more disposed to affirm the action of a tria......
  • Young v. Duffield, No. 12710
    • United States
    • Supreme Court of West Virginia
    • July 9, 1968
    ...and giving judgment against the party claiming to have been aggrieved.' Point 1, Syllabus, The Star Piano Co. v. Brockmeyer, 78 W.Va. 780 (90 S.E. 338). 3. The judgment of a trial court in setting aside a verdict and awarding a new trial is entitled to peculiar weight and its action in this......
  • Johnson v. Garlow, No. 23297
    • United States
    • Supreme Court of West Virginia
    • October 11, 1996
    ...giving judgment against the party claiming to have been aggrieved.' Point 1, Syllabus, The Star Piano Co. v. Brockmeyer, 78 W.Va. 780[, 90 S.E. 338 (1916) Page 351 As stated in Syllabus Point 4 of Young v. Duffield, supra, we have long held that: "An appellate court is more disposed to affi......
  • Request a trial to view additional results
13 cases
  • Graham v. Wriston, No. 12077
    • United States
    • Supreme Court of West Virginia
    • June 27, 1961
    ...and giving judgment against the party claiming to have been aggrieved.' Point 1 Syllabus. The Star Piano Co. v. Brockmeyer, 78 W.Va. 780 [90 S.E. 338]. 4. As a general rule, only specific grounds of objection to instructions will be considered by this [146 W.Va. 485] 5. Contributory neglige......
  • State Public Bldg. Asbestos Litigation, In re, Nos. 22023-22025
    • United States
    • Supreme Court of West Virginia
    • January 6, 1995
    ...giving judgment against the party claiming to have been aggrieved.' Point 1, Syllabus, The Star Piano Co. v. Brockmeyer, 78 W.Va. 780 [, 90 S.E. 338 (1916) ]." Syl. pt. 2, Young v. Duffield, 152 W.Va. 283, 162 S.E.2d 285 2. "An appellate court is more disposed to affirm the action of a tria......
  • Young v. Duffield, No. 12710
    • United States
    • Supreme Court of West Virginia
    • July 9, 1968
    ...and giving judgment against the party claiming to have been aggrieved.' Point 1, Syllabus, The Star Piano Co. v. Brockmeyer, 78 W.Va. 780 (90 S.E. 338). 3. The judgment of a trial court in setting aside a verdict and awarding a new trial is entitled to peculiar weight and its action in this......
  • Johnson v. Garlow, No. 23297
    • United States
    • Supreme Court of West Virginia
    • October 11, 1996
    ...giving judgment against the party claiming to have been aggrieved.' Point 1, Syllabus, The Star Piano Co. v. Brockmeyer, 78 W.Va. 780[, 90 S.E. 338 (1916) Page 351 As stated in Syllabus Point 4 of Young v. Duffield, supra, we have long held that: "An appellate court is more disposed to affi......
  • Request a trial to view additional results

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