Legal Opinion

New Albany Woolen Mills v. Lewis

Court of Appeals of Kentucky

Decided June 6, 1896PublishedCited by 2 opinions

Case 65 — PETITION ORDINARY TRANSFERRED TO EQUITY— APPEAL EBOM WABBEN CIRCUIT COUBT. 1. Money is due on goods shipped by a mortgagee (to a purchaser), the day following his tailing possession of the mortgaged property. If the title to the goods did not pass to appellants, then they held a mortgage lien upon them and in a contest, with an attaching creditor, the mortgage lien is prior and appellants are still entitled to the money.

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Case 65 — PETITION ORDINARY TRANSFERRED TO EQUITY— APPEAL EBOM WABBEN CIRCUIT COUBT. 1. Money is due on goods shipped by a mortgagee (to a purchaser), the day following his tailing possession of the mortgaged property. If the title to the goods did not pass to appellants, then they held a mortgage lien upon them and in a contest, with an attaching creditor, the mortgage lien is prior and appellants are still entitled to the money. The fact that a mortgagor retains possession of the mortgaged property does not render it void. (Coffey on Mortgages, secs. 508, 250; Nat’l Bank of Commerce v,…

1Opinion of the Court

JUDGE LANDES

delivered the opinion of the coubt.

The appellee sued the New Albany Clothing Co., a nonresident corporation, in the Warren Circuit Court, to recover on an account for services asa traveling salesman, claiming, the sum of $270.

The petition contains a prayer “for a general attachment herein, to- be levied on any of defendant’s property in this State, and that J. E. Burch be summoned to answer as garnishee herein, and to state what amount he owes said defendant.”

The record, however, does not show that the affidavit and bond required in such cases were made and executed, nor does it…

2Cases cited2 opinions

  1. German Security Bank v. JeffersonCourt of Appeals of Kentucky · 1874
  2. Whitehead v. WoodruffCourt of Appeals of Kentucky · 1874

3Cited by2 opinions

  1. Tandy & Fairleigh Tobacco Co. v. City of HopkinsvilleCourt of Appeals of Kentucky · 1917
  2. Houck v. Eastchester Public Utility DistrictDistrict Court, D. Alaska · 1952

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