Legal Opinion

Eckler v. Galbraith

Court of Appeals of Kentucky

Decided March 23, 1876PublishedCited by 16 opinions

Case 13 — PETITION ORDINARY APPEAL FROM HARRISON CIRCUIT COURT. CITED 2 Bush', 168, Cecil v. Welch. 4 Pickering, 48, Thompson v. Lay. 2 Serg. & Rawle, 208, Kingston v. Wharton. 9 B. Mon. 482, Mason v. Hughart. CITED 8 Johnson, 407, Bush v. Barnard. 1 Pet. 351, Bell v. Morrison. 6 Dana, 248, Stainton’s adm’r and heirs v. Brown. 8 B. Mon. 7, Graliam v. Hunt. 9 B. Mon. 44, Egbert v. McMichael. 9 B. Mon. 480, Mason v. Hughart.

1Opinion of the Court

JUDGE LINDSAY

delivered the opinion oe the court. .

Eckler held and owned an unsatisfied judgment against Galbraith & Lail. Galbraith was and is insolvent, and Lail had been discharged from the payment of the debt by a judgment in bankruptcy rendered by the District Court of the United States for the district of Kentucky.

In his original petition Eckler states all these facts, and then alleges that in October, 1869, Lail promised and agreed with him that, notwithstanding his discharge in bankruptcy, he would pay to him the sum of money evidenced by the said judgment against Galbraith and himself.

2Cases cited2 opinions

  1. Mason v. HughartCourt of Appeals of Kentucky · 1849
  2. Kingston v. WhartonSupreme Court of Pennsylvania · 1816

3Cited by16 opinions

  1. Brashears v. CombsCourt of Appeals of Kentucky · 1917
  2. Farley v. StaceyCourt of Appeals of Kentucky · 1917
  3. Benton v. BentonSupreme Court of Kansas · 1908
  4. Owens v. Curd & DrummondCourt of Appeals of Kentucky · 1921
  5. People's Bank v. BakerCourt of Appeals of Kentucky (pre-1976) · 1931

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