Henderson Trust Co. v. Stuart
Court of Appeals of Kentucky
Case 23 — Action by John H. Stuart Against Henderson Teust Co., &c., to Recover Damages eor the Loss oe Insurance on Property, Resulting from Negligence of Defendant — APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals.
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Case 23 — Action by John H. Stuart Against Henderson Teust Co., &c., to Recover Damages eor the Loss oe Insurance on Property, Resulting from Negligence of Defendant — APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. (No brief in record.) 1. It is alleged in the petition and not denied in the answer by. the defendant, Henderson Trust Co., that an agreement was made for the extension of the vacancy permit after the, expiration of the thirty days, but the defendant, Trust Co., did not apply for it, and that it would have been granted if it had been applied for.…
1Opinion of the Court
Opinion op tiie court by
JUDGE 'BURNAM
Aepikming.
The first error relied on by appellant for a reversal of the judgment rendered against it in the trial court is that the court erred in overruling its general demurrer to the petition of appellee. The petition sets forth, in substance, that Mrs. Stuart sold a house and lot to Mary H. Berner, and took notes for the purchase money, retaining a lien for their payment, and that under the contract of sale, as further 'security for the purchase money, Mrs. Berner insured the house againsst loss by fire in the sum of $2,000, and had the policy made…
2Cases cited2 opinions
- Ashland Coal & Iron Railway Co. v. WallaceCourt of Appeals of Kentucky · 1897
- Messmore v. StoneCourt of Appeals of Kentucky · 1885
3Cited by9 opinions
- Hopper v. Barren Fork Coal Co.Court of Appeals of Kentucky (pre-1976) · 1936
- Agnew v. AgnewSouth Dakota Supreme Court · 1928
- Sinclair's Admr. v. Ill. Cent. R. R.Court of Appeals of Kentucky · 1908
- Louisville & Nashville Railroad v. CooperCourt of Appeals of Kentucky · 1915
- Louisville & Nashville Railroad v. CrainCourt of Appeals of Kentucky · 1920
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