Fenwick v. Phillips
Court of Appeals of Kentucky
CASE 23 — PETITION ORDINARY — APPEAL FROM DAVIESS CIRCUIT COURT. cited 6 Mon. 492 ; act of February 4, 1858. cited 6 J. J. Marshall, 4; 5 B. Mon., 5(54; Rev. Statutes, chap. 63. cited 2 Littell, 51; act of 1858, session acts 1857-8, page 26.
1Opinion of the CourtChief Justice Simpson
It having been stated in the original petition, that the suit was brought for the use and benefit of Phillips, he was thereby virtually made a party to the action, and had a right, by an amended petition, to assume the attitude of the real plaintiff in the action; consequently, the defendant’s demurrer to the petition as amended was properly overruled.
The doctrine is well settled, that a payment of a less sum is not a good satisfaction, unless it be made before the money was due, or at a different place from that at which it was payable. (Bacon’s Abridgement. A. Accord, &c.) In the case of…
2Cases cited1 opinion
- Jones v. BullittCourt of Appeals of Kentucky · 1822
3Cited by9 opinions
- Mygatt v. . CoeNew York Court of Appeals · 1894
- Estate of TaylorCalifornia Court of Appeal · 1953
- Walker v. HibbardCourt of Appeals of Kentucky · 1919
- Revill's heirs v. Claxon's heirsCourt of Appeals of Kentucky · 1877
- Gragg v. . WagnerSupreme Court of North Carolina · 1874
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