Cook's Administrator v. Brannin
Court of Appeals of Kentucky
Case 18 — PETITION EQUITY APPEAL PROM DAVIESS CIRCUIT COURT. Under an agreement to buy tobacco with funds advanced, and to ship the tobacco to the person making the advances, and out of which ho is to be reimbursed, no lien for such advances is completed until a purchase and delivery of the tobacco; and there can be no perfecting of the lien if the person to whom advances are made dies before delivery of the tobacco to the person making the advances.
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Case 18 — PETITION EQUITY APPEAL PROM DAVIESS CIRCUIT COURT. Under an agreement to buy tobacco with funds advanced, and to ship the tobacco to the person making the advances, and out of which ho is to be reimbursed, no lien for such advances is completed until a purchase and delivery of the tobacco; and there can be no perfecting of the lien if the person to whom advances are made dies before delivery of the tobacco to the person making the advances. (Harrison v. Hobbs, 1 Bibb, 12; Boss v. Wilson, 7 Bush, 32; Hutchinson v. Eord, 9 Bush, 319; Vincent v. Hallowell, 10 Bush, 538; Brooks,…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
Tlie appellant, W. H. Mnrpliy, as the administrator of S. C. Cook, brought his action in the Daviess Circuit Court to settle the estate of his intestate, Cook, as an insolvent estate. The appellees, as creditors of the estate, together with others, were made defendants to this action..The appellant having received a lot of tobacco as a *103part of the' personal estate of his intestate, he prized the same, and after the institution of his action he shipped the same to the appellees, as commission merchants, dealing in leaf tobacco, in the city of…
2Cases cited2 opinions
- Brooks, Waterfield & Co. v. Staton's adm'rCourt of Appeals of Kentucky · 1880
- Hoffman v. BrungsCourt of Appeals of Kentucky · 1885
3Cited by2 opinions
- Cincinnati Tobacco Warehouse Co. v. Leslie & Whittaker's TrusteeCourt of Appeals of Kentucky · 1904
- Herrman v. Whitescarver's Adm'rCourt of Appeals of Kentucky · 1890