Page's Ex'r v. Holman
Court of Appeals of Kentucky
Case 91 — TRUSTEE. INTEREST APPEAL PROM BARREN CIRCUIT COURT. 1. It was error to render judgment against appellant for any sum of money whatever. 2. It was error to render judgment against appellant for the alleged amount in his hands, according to the report of the commissioner with biezzzzial rests. -3. The court should have' allowed appellant a credit of $1,200, paid to Jewell for Holman.
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Case 91 — TRUSTEE. INTEREST APPEAL PROM BARREN CIRCUIT COURT. 1. It was error to render judgment against appellant for any sum of money whatever. 2. It was error to render judgment against appellant for the alleged amount in his hands, according to the report of the commissioner with biezzzzial rests. -3. The court should have' allowed appellant a credit of $1,200, paid to Jewell for Holman. There was no failure to pay, and, therefore, izzterest to any amount, is error. 1. The whole proof, including the evidence of James G. Page, shows that there is a large balance due. 2. It is the duty of a…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
There are many circumstances shown by the testimony in this case which tend to sustain the defense— that the trustees, John H. and James Gf. Page, had accounted to the appellee, John E. Holman, for the trust funds received by them for his use under the will of George W. Page. The long delay in bringing suit; the numerous business transactions between the parties without any assertion of this claim; the execution of . promissory notes by said Holman to both John H. and James G. Page, followed by payments by and suit against him upon some of them;…
2Cases cited2 opinions
- Clark v. AndersonCourt of Appeals of Kentucky · 1873
- Maupin's v. Dulany's DeviseesCourt of Appeals of Kentucky · 1837
3Cited by2 opinions
- Speed v. Transamerica CorporationDistrict Court, D. Delaware · 1955
- Duniway v. BartonOregon Supreme Court · 1951