Legal Opinion · Dissent

Blake v. Ray

Court of Appeals of Kentucky

Decided May 1, 1901Published

Case 80 — Action on Bond of Indemnity — APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. Judgment for Defendant and Plaintiff Appeals. John S. Ray, appellee, being a judgment creditor of the'Southern Land Improvement Co., had an execution levied upon certain furniture, &e., in Pineville,. Ky.

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Case 80 — Action on Bond of Indemnity — APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. Judgment for Defendant and Plaintiff Appeals. John S. Ray, appellee, being a judgment creditor of the'Southern Land Improvement Co., had an execution levied upon certain furniture, &e., in Pineville,. Ky. John D. Blake, appellant, who was president of the Improvement Co., claimed that the furniture was his individual property, and so notified the sheriff of Bell county, who before making the sale, required Ray to give him an indemnifying bond. The bond was given with Ray as principal, and the…

1Dissent

Judge O’Rear

dissenting.

The Southern Land Improvement Company was a corporation owning certain coal and timber lands in Bell county, Ky., including an industrial plant, and buildings and lots in- the city of Pineville. The total issue 'of its capital stock was $330,590, of what value is not shown. Of this stock, appellant, John I). Blake, owned $230,000. The company at this time owed a bonded indebtedness of over $500,000, and a floating indebtedness of over $200,000, not including a liability of $10,000 to appellee, James S. Ray. . This was in 1893, at which time appellant was vice-president…

2Cases cited14 opinions

  1. Bent v. PriestSupreme Court of Missouri · 1885
  2. Munson v. Syracuse, Geneva & Corning RailroadNew York Court of Appeals · 1886
  3. Davis v. Rock Creek L. F. & M. Co.California Supreme Court · 1880
  4. Covington & Lexington Railroad v. Bowler's heirsCourt of Appeals of Kentucky · 1872
  5. Brown v. BrownCourt of Appeals of Kentucky · 1889

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