Roe v. Scanlan & Co.
Court of Appeals of Kentucky
Case 9 — PETITION EQUITY — APPEAL PROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Brief not in record. 1. The court was mistaken in assuming that Roe & Lyon were the assignees of the contract made by W. C. Lyon- with Nelson county.
Read the full summary
Case 9 — PETITION EQUITY — APPEAL PROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Brief not in record. 1. The court was mistaken in assuming that Roe & Lyon were the assignees of the contract made by W. C. Lyon- with Nelson county. They were assignees of money due and to become due to W. C. Lyon from said county, which assignment was given as collateral security, at the time they became sureties for W. C. Lyon, and more than a year after the contract between W. C. Lyon and Nelson county had been made. This mistake of fact completely alters all questions considered and determined by the…
1Opinion of the CourtChief Justice Pryor
W. C. Lyon having made an assignment for the benefit of creditors, the question of priority between them in the dis tribution of the assets arises in this case. Lyon had contracted with the properly constituted authorities of the *27county of Nelson to build a court house for a Xfixed sum of money, and the county being indebted to him at the date of the assignment the'mechanics and material men are asserting liens as against the building or the fund set apart by the county court for its construction, and their claim of lien is resisted by the general creditors.
Hoertz had become liable for W. C.…
2Cited by8 opinions
- Allen County v. U. S. Fidelity & Guaranty CoCourt of Appeals of Kentucky · 1906
- Movl Construction Co. v. Covington Trust & Banking Co.Court of Appeals of Kentucky (pre-1976) · 1934
- City of Mt. Sterling v. Montgomery CountyCourt of Appeals of Kentucky · 1913
- Steele & Lebby v. Flynn-Sullivan Co.Court of Appeals of Kentucky (pre-1976) · 1932
- Dalzell v. Bourbon County Board of EducationCourt of Appeals of Kentucky · 1921
3 more not listed; retrieve them via the Exa API.