Legal Opinion

Oldham v. Mt. Sterling Improvement Co.

Court of Appeals of Kentucky

Decided May 3, 1898PublishedCited by 5 opinions

Case 72 — PETITION ORDINARY APPEAL FROM MONTGOMERY CIRCUIT COURT. 1. Agreement to take stock is not a subscription, and parties are only liable for damages. Bullock v. Falmouth, &c., 7 Ky. Law Rep., 591; Mt. S. Coal xtoad v. Little, 14 Bush, 431; Thrasher v. R. R., 25 111., 393; Strasburg v. Echterncht, 21 Pa„ 220. 2. A party may deny making a contract at all, and yet may rely upon any defense which he ¡has to the contract which the plaintiff claims he made.

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Case 72 — PETITION ORDINARY APPEAL FROM MONTGOMERY CIRCUIT COURT. 1. Agreement to take stock is not a subscription, and parties are only liable for damages. Bullock v. Falmouth, &c., 7 Ky. Law Rep., 591; Mt. S. Coal xtoad v. Little, 14 Bush, 431; Thrasher v. R. R., 25 111., 393; Strasburg v. Echterncht, 21 Pa„ 220. 2. A party may deny making a contract at all, and yet may rely upon any defense which he ¡has to the contract which the plaintiff claims he made. Ward v. Jones, 11 Ky. Law Rep., 273; Assurance Co. v. 'Meuth, 10 Ky. Law Rep., 718. 3. No court whether of law or equity will enforce a…

1Opinion of the Court

JUDGE BURNAM

delivebed tiie opinion .or the cotjet.

This is a proceeding by plaintiff to enforce the payment of a subscription to its capital stock. Judgment is resisted upon the grounds;

1st. That he did not purchase of plaintiff any shares of its capital stock or agree to pay therefor in such installments or at such times as the board of directors might require.

2d. Because of false representations as to the condition and prospects of the company made to him by its alleged promoter to induce Mm to subscribe therefor at or about tbe time of the alleged subscription.

3d. Defendant seeks a…

2Cited by5 opinions

  1. Preston v. JeffersCourt of Appeals of Kentucky · 1918
  2. Hatcher-Powers Shoe Company v. BickfordCourt of Appeals of Kentucky (pre-1976) · 1925
  3. Farmers Bank v. SmithCourt of Appeals of Kentucky · 1899
  4. Oscar C. Wright Co. v. SteenmanCourt of Appeals of Kentucky (pre-1976) · 1934
  5. Hatcher-Powers Shoe Company v. KirkCourt of Appeals of Kentucky (pre-1976) · 1930

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