Marks v. Hardy's Admr.
Court of Appeals of Kentucky
Case 78 — Action by Marks Stix against William Hardy and A. T. Hardy on Account. APPEAL FROM LEWIS CIRCUIT COURT. From the Judgment Plaintiffs Appeal. CLASSIFICATION OF QUESTIONS IN ISSUE. ■1. Amended Petition. Right to file. Estoppel. 'Cavanaugh v. Weber, 11 Ky. Law Rep., 858; Ray v. Longshaw, 4 Ky. Law Rep., 904; Faris v. Dunn, 7 Bush, 276; Collyer on Partnership, secs. 87-90; Webster v. Taylor, 39 New Jersey Law, 102; Wechselberg v. Flour City Nat. Bank, 64 Fed.
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Case 78 — Action by Marks Stix against William Hardy and A. T. Hardy on Account. APPEAL FROM LEWIS CIRCUIT COURT. From the Judgment Plaintiffs Appeal. CLASSIFICATION OF QUESTIONS IN ISSUE. ■1. Amended Petition. Right to file. Estoppel. 'Cavanaugh v. Weber, 11 Ky. Law Rep., 858; Ray v. Longshaw, 4 Ky. Law Rep., 904; Faris v. Dunn, 7 Bush, 276; Collyer on Partnership, secs. 87-90; Webster v. Taylor, 39 New Jersey Law, 102; Wechselberg v. Flour City Nat. Bank, 64 Fed. Rep., 90, 97. 2. Competency of testimony of general reputation, notoriety and publicity of partnership, due to negligence of…
1Opinion of the Court
Opinion of the court by
JUDGE BARKER
Reversing.
'The appellants, Marks & Stix, are hoot and shoe merchants of Cincinnati', Ohio. At the time this action was instituted, William Hardy resided in Yanceburg, Lewis county, Ky. A. T. Hardy, who is his son, lived at Willard, Carter county, Ky., where he carried on a general store under the firm name-of William Hardy & Son. The firm of William Hardy & Son in June, 1900, purchased of the appellants $450 worth of shoes on credit. The bill not having been paid when it fell due, this action was instituted against William Hardy and A. T. Hardy, as composing…
2Cases cited10 opinions
- Halliday v. McDougallNew York Supreme Court · 1838
- Terrell v. CommonwealthCourt of Appeals of Kentucky · 1877
- Stiewel v. BormanSupreme Court of Arkansas · 1896
- Brown v. CrandallSupreme Court of Connecticut · 1835
- Adams v. . MorrisonNew York Court of Appeals · 1889
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3Cited by2 opinions
- Bonazzi v. FortneySupreme Court of Vermont · 1920
- Levine v. Mitchell & Scott Co.Court of Appeals of Kentucky · 1911