Alsop v. Central Trust Co.
Court of Appeals of Kentucky
Case 56 — PETITION ORDINARY APPEAL PROM DAVIESS CIRCUIT COURT. 1. When the petition shows that the several paragraphs relate to the same cause of action, the plaintiff should be required to elect to prosecute one of the paragraphs, and the others should be stricken out, unless he shall allege that the statements in one or the other of the paragraphs is true, but he does not know which.
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Case 56 — PETITION ORDINARY APPEAL PROM DAVIESS CIRCUIT COURT. 1. When the petition shows that the several paragraphs relate to the same cause of action, the plaintiff should be required to elect to prosecute one of the paragraphs, and the others should be stricken out, unless he shall allege that the statements in one or the other of the paragraphs is true, but he does not know which. (Turnpike Co. v. Maupin, 79 Ky., -102.) 2. The nature of the partnership is not disclosed by the pleadings. If it was a non-commercial partnership, the plaintiff should allege affirmatively that the partner was…
1Opinion of the Court
JUDGE BURNAM
dblivebed the opinion oe the court:
This action was instituted in the Daviess Circuit Court by the Central Trust Company of Owensboro, Ky., against George Griswold and J. N. Alsop, doing business in the firm name of Griswold & Alsop, upon a written contract for the rent of two rooms in the building of the 'trust company in Owensboro. The contract was signed by the Central Trust Company of Owensboro, Ky., by J. D. Atchison, president, and in the firm name of Griswold & Alsop, by G. Griswold. The cause of action is set out in two paragraphs. The first paragraph is in the following…
2Cases cited1 opinion
- Judge v. BraswellCourt of Appeals of Kentucky · 1877
3Cited by1 opinion
- Howard v. Gray's Warehouses, IncorporatedCourt of Appeals of Kentucky (pre-1976) · 1932