Commomwealih v. Barker
Court of Appeals of Kentucky
CASE 27. — ACTION BY THE COMMONWEALTH AGAINST M. S. BARKER AND ANOTHER TO RECOVER MONEY ALLEGED TO BE WRONGFULLY WITHHELD. — Appeal from Franklin Circuit Court. R. L. Stout, Circuit Judge.
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CASE 27. — ACTION BY THE COMMONWEALTH AGAINST M. S. BARKER AND ANOTHER TO RECOVER MONEY ALLEGED TO BE WRONGFULLY WITHHELD. — Appeal from Franklin Circuit Court. R. L. Stout, Circuit Judge. Judgment for defendants, plaintiff appeals — 1. The State is not liable for the unauthorized acts of its officers; and if such acts are not within the scope of their authority, they are not official acts; and the State cannot be made liable upon either an expressed or implied contract, or upon a basis of quantum meruit. 2. If the consideration of an express contract is illegal, the contract is void, and…
1Opinion of the Court
Opinion op the Court by
Judge Lassing
Affirming..This- action was instituted in the Franklin circuit court by the Commonwealth of Kentucky to recover of L. C. Norman, ex-Auditor of the State, and M. S. Barker, his agent, a large sum of money of which it was . charged they had wrongfully and fraudulently deprived the State. The petition charged, that the Auditor and his agent had entered into a fraudulent conspiracy by which the former paid over to the latter large sums of money as fees for certain illegal services pretended to have been rendered with reference to the collection of back license…
2Cases cited4 opinions
- Commonwealth v. Owensboro & Nashville RailroadCourt of Appeals of Kentucky · 1884
- Commonwealth v. ToddCourt of Appeals of Kentucky · 1873
- Emmerson's administrator v. HerrifordCourt of Appeals of Kentucky · 1871
- Harmon v. WilsonCourt of Appeals of Kentucky · 1864
3Cited by12 opinions
- Hann v. Venetian Blind CorporationDistrict Court, S.D. California · 1936
- Jefferson, Noyes & Brown v. Western National BankCourt of Appeals of Kentucky · 1911
- French Republic v. Inland Nav. Co.District Court, E.D. Missouri · 1920
- All-American Movers, Inc. v. Commonwealth ex rel. HancockCourt of Appeals of Kentucky · 1977
- City of Princeton v. BakerCourt of Appeals of Kentucky (pre-1976) · 1931
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