Mason, Gooch & Hoge Co. v. Mechanics' Lien & Trust Co.
Court of Appeals of Kentucky
Case 89 — Action by the Mechanics’ Lien & Trust Co., &c., against the Mason, Gooch & Hoge Co. eoe an Injunction. APPEAL FROM KENTON CIRCUIT COURT-JAMES P. TARVIN, CIRCUIT JUDGE. Judgment for Plaintiffs and Defendant Appeals. POINTS AND CITATIONS. 1. No action could be maintained upon the injunction; bond until the damages had been Bound by the court which dissolved the injunction.
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Case 89 — Action by the Mechanics’ Lien & Trust Co., &c., against the Mason, Gooch & Hoge Co. eoe an Injunction. APPEAL FROM KENTON CIRCUIT COURT-JAMES P. TARVIN, CIRCUIT JUDGE. Judgment for Plaintiffs and Defendant Appeals. POINTS AND CITATIONS. 1. No action could be maintained upon the injunction; bond until the damages had been Bound by the court which dissolved the injunction. Civil Code, sec. 295; Chesapeake & Ohio S'. W. R. R. v. Reasor, 84 Ky., 369; Crawford v. Woodworth, 9 Bush, 745; Rankin y. Estes, 13 Bush, 428; Logsden v. Willis, 14 Bush, 183; Hayden’s Adm’r v. Phillips’ Adm’r., 89…
1Opinion of the Court
Opinion op the court by
JUDGE HOBSON
Reversing.
The Home Construction Company, being indebted to the Mason, Gooch & Hoge Company in a large amount, undertook to pledge to it certain locomotives and cars owned by the construction company as security for the debt, and as evidence of the pledge issued to it a paper called a “warehouse receipt.” The Mason, Gooch & Hoge Company borrowed from the German National Bank of Covington, Ky., something like $15,000, and to -secure the loan placed with it as collateral the warehouse receipt which it had received from the construction company. The Mechanics’…
2Cases cited5 opinions
- Logsden v. WillisCourt of Appeals of Kentucky · 1878
- Stahl v. BrownCourt of Appeals of Kentucky · 1886
- C., O. & S. W. R. R. v. ReasorCourt of Appeals of Kentucky · 1886
- Crawford v. WoodworthCourt of Appeals of Kentucky · 1873
- Hayden's Adm'r v. Phillips' Adm'rCourt of Appeals of Kentucky · 1889