Sullivan v. Kuykendall
Court of Appeals of Kentucky
Case 77 — EVIDENCE APPEAL PROM WARREN CIRCUIT COURT. 1. The instruction complained of in effect tells the jury that, notwithstanding appellants’ denial, the presumption arising from the fact of mailing a letter to appellants must prevail, unless it is overthrown by satisfactory evidence that the letter was not so received.
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Case 77 — EVIDENCE APPEAL PROM WARREN CIRCUIT COURT. 1. The instruction complained of in effect tells the jury that, notwithstanding appellants’ denial, the presumption arising from the fact of mailing a letter to appellants must prevail, unless it is overthrown by satisfactory evidence that the letter was not so received. In fact that appellants must prove a negative. 2. The court erred in permitting appellee to prove, by his own testimony and that of others, what the operator at Morgantown reported to him as coming through appellant, Sullivan, from Bowling Green, the operator not being able…
1Opinion of the Court
JUDGE HOLT
delivered tiie opinion oe the court.
By tlie terms of a verbal contract for the sale of personal property, the appellants, Sullivan & Co., were to-estimate and receive it within ten days after notice from the appellee, Kuykendall, that it was ready.
On January 26, 1880, he wrote them a letter, which,, by due course of mail, should have been received by them within the next two days, but which, in point of fact, as the testimony shows, was not received until February 17, 1880, notifying them that the property would be ready for them on February 9, 1880.
*485About the eleventh or twelfth of…
2Cases cited1 opinion
- Schearer v. HarberIndiana Supreme Court · 1871
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