Legal Opinion

Garner v. Jones

Court of Appeals of Kentucky

Decided March 2, 1893PublishedCited by 5 opinions

Case 18 — PETITION EQUITY — 'The fact that one of the plaintiffs is a non-resident does not bring the defendants’ claim for unliquidated damages within the rules of equitable set-off, there being nothing to show that either of the other plaintiffs is a non-resident or insolvent. (Shropshire v. Conrad, 2 Met., 144; Eorbes v. Cooper, 10 Ky.

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Case 18 — PETITION EQUITY — 'The fact that one of the plaintiffs is a non-resident does not bring the defendants’ claim for unliquidated damages within the rules of equitable set-off, there being nothing to show that either of the other plaintiffs is a non-resident or insolvent. (Shropshire v. Conrad, 2 Met., 144; Eorbes v. Cooper, 10 Ky. Law Rep., 865; s. c., 88 Ky., 285; Patrick v. Langston 2 J. J. Mar., 655; Markham v. Todd-, 2 J. J. Mar., 365; Turpin v. Turpin, 7 J. J. Mar., 37 ; Beall v. Squires, 3 Mon., 376; Chamberlain v. Stewart, 6 Dana, 33; Taylor v. Stow-ell, 2 Met., 158.) ‘The fact…

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OP THE COURT.

This is an. action to settle a partnership in the business of operating a bine grass seed-cleaning, mill for the year 1886, of which the firm of Garner & Bro., owning one-third interest, H. C. Foster owning one-third, and H. & T. B. Jones jointly owning one-third, were members.

*136It appears that H. & T. B. Jones, defendants to the' action, had management and c'ontrol of the business, and in ,the petition it is alleged they are indebted to the firm by reason of their failure to charge themselves with and account for a large amount of seed cleaned…

2Cases cited2 opinions

  1. Forbes & Bro. v. Cooper & Co.Court of Appeals of Kentucky · 1889
  2. Shropshire v. ConradCourt of Appeals of Kentucky · 1859

3Cited by5 opinions

  1. Duff v. WilkingCourt of Appeals of Kentucky · 1924
  2. Merchants' Wholesale Grocery Co. v. Bond-Foley Lumber Co.Court of Appeals of Kentucky (pre-1976) · 1927
  3. Kortz v. Union Cent. Life Ins. Co.Court of Appeals of Kentucky (pre-1976) · 1936
  4. Patterson v. WoolridgeCourt of Appeals of Kentucky · 1916
  5. Gore v. FergusonCourt of Appeals of Kentucky · 1923

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