Hause v. Judson
Court of Appeals of Kentucky
Chancery. From the Circuit Court for Jefferson County. The facts and creetf^hifcircuit Court, Creditors fi}g ail account, as pad of tiioiv bilg lit, which they give the def’t credit for certain drafts drawn On him— but which they allege, they fear and believe have not been paid: this is not a positive averment that the drafts remain unpaid, and does not, therefore, authorize a decree including that sum; if paid, that fact should be shown by amendment.
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Chancery. From the Circuit Court for Jefferson County. The facts and creetf^hifcircuit Court, Creditors fi}g ail account, as pad of tiioiv bilg lit, which they give the def’t credit for certain drafts drawn On him— but which they allege, they fear and believe have not been paid: this is not a positive averment that the drafts remain unpaid, and does not, therefore, authorize a decree including that sum; if paid, that fact should be shown by amendment. ÉLigíit of stoppage in transitu defined and explained.. The right of stop page in transitu cannot be defeat-en by an attach» ment at the suit…
1Opinion of the Court
Judge Marshall
delivered the Opinion of the Court.
In June, 1832, William Hause and Son, Merchants of Philadelphia, packed and forwarded, under an order from S. P. Judson of Saint Louis, Missouri, twenty-six packages of goods, in as many trunks and boxes, which they sent, by the way of Baltimore, each marked as follows: “S. P. Judson, St. Louis, Mo.—care of E. L. Eichelberger, Balt,—from Wm. Hause & Son, Phila.” The packages, thus addressed and forwarded, passed to and down the Ohio river, on their way towards Saint Louis, until they arrived at Louisville; where, together with other goods also…
2Cited by6 opinions
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- Cincinnati, New Orleans & Texas Pacific R. R. v. SteeleCourt of Appeals of Kentucky · 1910
- Northern Grain Co. v. WifflerAppellate Division of the Supreme Court of the State of New York · 1915
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