Smead, Collard & Hughes v. Williamson
Court of Appeals of Kentucky
APPEAR FROM KENTON CIRCUIT. The facts of the case are stated in the opinion of the court. Rep. The first question presented in thisrecord is, whether the Circuit Court erred in the exclusion of the depositions of Myers and wife? Their testimony, if admissible, clearly and abundantly establishes the fraud in the sale of the attached boats, by Myers to Williamson. The competency of Mrs. Myers rests ■upon the competency of her husband.
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APPEAR FROM KENTON CIRCUIT. The facts of the case are stated in the opinion of the court. Rep. The first question presented in thisrecord is, whether the Circuit Court erred in the exclusion of the depositions of Myers and wife? Their testimony, if admissible, clearly and abundantly establishes the fraud in the sale of the attached boats, by Myers to Williamson. The competency of Mrs. Myers rests ■upon the competency of her husband. We maintain that Myers was a competent witness, and that his deposition, with that of his wife, were erroneously excluded. 1. An-equipoise of interest %etween…
1Opinion of the CourtChief Justice Marshall
On the 19th of October, 1853, Jonathan Myers executed to O. C. Williamson a bill of sale, transferring to him, for the consideration- of $15,000, acknowledged to be received for the steamer Yorktown, No. 2, and the barge Yorktown, No. 2. The bill of sale was regularly recorded in the Custom House at Cincinnati. But the consideration, instead of having been paid, was secured or evidenced by the note of Williamson of even date with the deed, and by which he promised, two years after date, to pay to the order of J. Myers the sum of $15,000, with the following additional words in the note: “But…
2Cited by4 opinions
- Commercial Security Co. v. ArcherCourt of Appeals of Kentucky · 1918
- Weil v. SilverstoneCourt of Appeals of Kentucky · 1869
- American Manufacturing Co. v. Crittenden Record-PressCourt of Appeals of Kentucky · 1915
- Breyfogle v. BowmanCourt of Appeals of Kentucky · 1914