Legal Opinion

Thompson v. Glover

Court of Appeals of Kentucky

Decided November 19, 1879PublishedCited by 7 opinions

Case 39—ORDINARY APPEAL FROM THE JEFFERSON COMMON PLEAS COURT. 1. The only cases where notice of acceptance is necessary is where there is a mere offer or proposal to guarantee. 2. As to whether this was an absolute agreement or a mere proposition to guarantee, we cite the following authorities: (Howe v. Nichols, 22 Maine, 175; Lent v. Padelford, 10 Mass., 230; Douglass v. Howland, 24. Wend., 35; Whitney v. Grant, 24 Wend., 82; Smith v. Dame, 6 Hill, 543; Wildes v. Savage, 1…

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Case 39—ORDINARY APPEAL FROM THE JEFFERSON COMMON PLEAS COURT. 1. The only cases where notice of acceptance is necessary is where there is a mere offer or proposal to guarantee. 2. As to whether this was an absolute agreement or a mere proposition to guarantee, we cite the following authorities: (Howe v. Nichols, 22 Maine, 175; Lent v. Padelford, 10 Mass., 230; Douglass v. Howland, 24. Wend., 35; Whitney v. Grant, 24 Wend., 82; Smith v. Dame, 6 Hill, 543; Wildes v. Savage, 1 Story, 22; 2 American Leading Cases, pp. 63, 79; White v. Reed, 15 Conn., 457.) 3. It is clear that if notice was…

1Opinion of the Court

JUDGE HINES

delivered the opinion of the court.

T. B. Glover, of the city of Louisville, Kentucky, having shipped to appellant, in the city of New York, twenty-three hogsheads of tobacco, and desiring to draw on appellant for their full value, it was agreed between appellant, through his agents, Lewis & Bro., in the city of Louisville, and appellee, that in consideration that appellant would pay said draft, appellee would make good to appellant any loss he might sustain by reason of the tobacco failing to sell for the amount thus to be advanced. At the time of the agreement appellee executed…

2Cases cited4 opinions

  1. Steadman v. GuthrieCourt of Appeals of Kentucky · 1862
  2. Wildes v. SavageU.S. Circuit Court for the District of Massachusetts · 1839
  3. Bleeker v. HydeU.S. Circuit Court for the District of Michigan · 1843
  4. People ex rel. Churchill v. Rensselaer C. P.New York Supreme Court · 1831

3Cited by7 opinions

  1. Gano v. Farmers' BankCourt of Appeals of Kentucky · 1898
  2. Smith v. JonesCourt of Appeals of Kentucky (pre-1976) · 1928
  3. Newman v. Streator Coal Co.Appellate Court of Illinois · 1886
  4. APL, INC. v. Ohio Valley Aluminum, Inc.Court of Appeals of Kentucky · 1992
  5. Yager v. Kentucky Title Co.Court of Appeals of Kentucky · 1902

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