Blake v. Ray
Court of Appeals of Kentucky
Case 80 — Action on Bond of Indemnity — APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. Judgment for Defendant and Plaintiff Appeals. John S. Ray, appellee, being a judgment creditor of the'Southern Land Improvement Co., had an execution levied upon certain furniture, &e., in Pineville,. Ky.
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Case 80 — Action on Bond of Indemnity — APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. Judgment for Defendant and Plaintiff Appeals. John S. Ray, appellee, being a judgment creditor of the'Southern Land Improvement Co., had an execution levied upon certain furniture, &e., in Pineville,. Ky. John D. Blake, appellant, who was president of the Improvement Co., claimed that the furniture was his individual property, and so notified the sheriff of Bell county, who before making the sale, required Ray to give him an indemnifying bond. The bond was given with Ray as principal, and the…
1Opinion of the Court
Opinion of the court by
JUDGE BURNAM
Reversing,
followed by dissenting opinion oi' JUDGE O’REAR.
The Southern Land Improvement Company, a corporation, owned the Pineville Hotel, and all of the furniture in it. On the 27th of March, .1893, they leased the hotel to A. L. Toogood, and suld the furniture to him for $1,476.68 taking his note in payment therefor. Toogood took possession under his lease, and operated the hotel until the 3d day of June, 1893. On the 28th-of April, 1893, while Toogood was in possession of and operating the hotel, the improvement company assigned, and delivered the…
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