Farmers & Traders Tobacco Warehouse Co. v. Gibbons
Court of Appeals of Kentucky
Case 100 — ACTION F.OR DAMAGES FOR MALICIOUSLY SUING OUT ATTACHMENT appeal from bracken circuit court. 1. As to the cause of action for damages sustained by reason of the attachment in the former action: (■a) The cause of action as to this was for suing out an at tachmenit against appellee 'and his property maliciously and without probable or good cause and not for levying an attachment sued out against W. A. Gibbons on the property of appellee.
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Case 100 — ACTION F.OR DAMAGES FOR MALICIOUSLY SUING OUT ATTACHMENT appeal from bracken circuit court. 1. As to the cause of action for damages sustained by reason of the attachment in the former action: (■a) The cause of action as to this was for suing out an at tachmenit against appellee 'and his property maliciously and without probable or good cause and not for levying an attachment sued out against W. A. Gibbons on the property of appellee. (b) No attachment was sued out in the former action against the appellee The only attachment sued out in the action vías against W. A. Gibbons.…
1Opinion of the Court
JUDGE BURHAM
delivered the opinion op the court.
On the 21st day of August, 1895, appellant filed a petition in the Bracken' Circuit Court against W. A. Gibbons, the father of appellee, and appellee was also made a defendant. It was alleged that W. A. Gibbons was indebted to appellant in the sum of $11,217.28 for money advanced to him for the purpose of purchasing leaf tobacco under an agreement that the tobacco purchased should be shipped by W. A. Gibbons to appellant’s warehouse in Cincinnati, Ohio, where.it was to be sold, and out of the proceeds appellant was to receive the usual warehouse…
2Cases cited4 opinions
- Woods v. FinnellCourt of Appeals of Kentucky · 1878
- Lancaster v. McKayCourt of Appeals of Kentucky · 1898
- Duncan v. GriswoldCourt of Appeals of Kentucky · 1892
- Worthington v. Morris'Court of Appeals of Kentucky · 1895
3Cited by12 opinions
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. BeddowCourt of Appeals of Kentucky · 1920
- Crawford v. StaplesCourt of Appeals of Kentucky · 1919
- In Re KirschenbaumNew Jersey Superior Court Appellate Division · 1957
- Stephens v. GravitCourt of Appeals of Kentucky · 1910
- Worley v. Columbia Gas of Kentucky, Inc.Court of Appeals for the Sixth Circuit · 1973
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