Lexington Brewing Co. v. Goode & Co.
Court of Appeals of Kentucky
CASE 61 — ACTION BY LEXINGTON BREWING CO. AGAINST GOODE & CO.' TO RECOVER THE PRICE OP BEER SOLD. Appeal from Lincoln Circuit. Court. W. C. Bell, Circuit Judge. Judgment for plaintiff, for reduced sum and he appeals. POINTS AND AUTHORITIES. 1. Affidavit for attachment. — If the petition state facts and be sworn to, a separate affidavit is unnecessary.
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CASE 61 — ACTION BY LEXINGTON BREWING CO. AGAINST GOODE & CO.' TO RECOVER THE PRICE OP BEER SOLD. Appeal from Lincoln Circuit. Court. W. C. Bell, Circuit Judge. Judgment for plaintiff, for reduced sum and he appeals. POINTS AND AUTHORITIES. 1. Affidavit for attachment. — If the petition state facts and be sworn to, a separate affidavit is unnecessary. (88 Ky., page 108, 17 B. M., page 321. 2. Amendment of affidavit. — A plaintiff may by an amended affidavit cure a defect in the affidavit upon which he obtained an attachment, and may thus acquire a lien on the attached property if the…
1Opinion of the Court
Opinion op the Court by
Judge Barker—
Reversing.
The appellant, the Lexington Brewing' Company, is a corporation in Lexington, Ky., engaged in the business of brewing and selling beer. W. B. Gróode and Charles M. Rice were partners, carrying on a saloon business under the firm name and style of G-oode & Co., in Stanford, Ky. The appellant instituted this action against the appellees to recover the sum of $1,120 alleged to be due it for beer sold and delivered to them. As an ancillary remedy, it sued out a general attachment against the property of the appellees, on the ground that they had not…
2Cited by3 opinions
- City of Greenville v. JohnstonCourt of Appeals of Kentucky (pre-1976) · 1932
- Cannon Ball Cab & Bus Co. v. Maryland Casualty Co.Court of Appeals of Kentucky (pre-1976) · 1936
- Walker v. Grayson County State BankCourt of Appeals of Kentucky (pre-1976) · 1931