Taylor v. Farmer
Court of Appeals of Kentucky
Case 71 — ORDINARY APPEAL PROM ERANKL1N CIRCUIT COURT. 1. The court erred in requiring appellant to paragraph bis answer. (6 Bush, 38.) 2. Under section 5,117 of bankrupt act the fraud must be actual or intentional fraud in the creation of the debt. Legal or constructive fraud not sufficient. ("Wilmot v. Mudge, 13 Otto, 217; 1st Sess.
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Case 71 — ORDINARY APPEAL PROM ERANKL1N CIRCUIT COURT. 1. The court erred in requiring appellant to paragraph bis answer. (6 Bush, 38.) 2. Under section 5,117 of bankrupt act the fraud must be actual or intentional fraud in the creation of the debt. Legal or constructive fraud not sufficient. ("Wilmot v. Mudge, 13 Otto, 217; 1st Sess. Acts 1869, page 56; Neal v. Clark, 5 Otto, 704; Henneguier ct al v. Clews et. al, 77 New York, 427; Rowe v. Guilliams, 18 How., N. Y.; Farmer v. Gregory & Stagg, 78 Ky., 475; Supp’t to U. S. Rev. Stat., vol. 1, page 74.) 1. The plea of composition in bankruptcy…
1Opinion of the Court
CHIEE JUSTICE HARGIS
delivered the opiexon or the court.
Farmer bought one hundred barrels of whisky from Taylor, who executed to him a warehouse receipt therefor, and to whom he paid $2,985, the purchase price of the whisky. Before Farmer bought the whisky Taylor had issued a warehouse receipt for seventy-nine barrels of the same whisky to Gregory & Stagg. In a controversy begun soon after the discovery by Farmer of the existence of the warehouse receipt which Taylor had issued to Gregory & Stagg, they succeeded in establishing their claim to the seventy-nine-barrels as superior to that of…
2Cases cited3 opinions
- Wood v. WoodCourt of Appeals of Kentucky · 1880
- In re MerrifieldDistrict Court, S.D. New York · 1869
- Peebles v. StephensCourt of Appeals of Kentucky · 1814
3Cited by3 opinions
- Pitman v. DrownCourt of Appeals of Kentucky · 1917
- Sipple v. KehrCourt of Appeals of Kentucky · 1917
- Allnut v. StewartCourt of Appeals of Kentucky · 1921