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MORTON v. GODFREY L. CABOT, INC.

No. 10119.

63 S.E.2d 861 (1949)

MORTON v. GODFREY L. CABOT, Inc.

Supreme Court of Appeals of West Virginia.

Decided June 14, 1949.

Dissenting Opinion March 9, 1951.

Attorney(s) appearing for the Case

Dayton, Campbell & Love, Charleston, for plaintiff in error.

Lively & Lively, A. D. Duduit and M. O. Litz, Charleston, for defendant in error.

LOVINS, Judge.

D. Holmes Morton, individually and as trustee, commenced this action against Godfrey L. Cabot, Inc., a corporation, in the Circuit Court of Kanawha County, seeking to recover the aggregate amount of $6,869.97, consisting of $5,600.65 principal and $1,269.32 interest.

During the pendency of the action, defendant paid plaintiff the principal amount of $5,600.65, and paid into court the sum of $243.97...

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