Shelbyville Trustees v. Shelbyville & Eminence Turnpike Co.
Court of Appeals of Kentucky
CASE 13 — PETITION ORDINARY ArrEAL FROM SHELBY CIRCUIT COURT. This suit was brought by the appellees against appellants to recover the last installment of stock to the turnpike company subscribed by the chairman of the board of trustees, under their order, upon the books of the company.
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CASE 13 — PETITION ORDINARY ArrEAL FROM SHELBY CIRCUIT COURT. This suit was brought by the appellees against appellants to recover the last installment of stock to the turnpike company subscribed by the chairman of the board of trustees, under their order, upon the books of the company. A demurrer to the petition having been overruled, and demurrers to the answer and amended answer sustained, judgment was rendered against appellants for $250, tbe amount of said installment, from which • they have appealed. The chairman is not the general agent of the board of trustees, but acted under special…
1Opinion of the Court
JUDGE SIMPSON
delivered the opinion of the court:
The first question in this case involves the sufficiency of the plaintifFs’ petition, which is objected to on the ground that it does not contain an averment that the trustees of the town of Shelbyville had power to subscribe for the stock, for the nonpayment of which the action was brought.
This objection does not, as supposed, raise the question whether the defendants were authorized, independent of any statutory provision on the subject, to make the contract on which the action is brought; for if, in any state of case, or under any…
2Cases cited1 opinion
- City of Louisville v. HyattCourt of Appeals of Kentucky · 1841
3Cited by5 opinions
- Watson v. WatsonMassachusetts Supreme Judicial Court · 1880
- Shelton v. SearsMassachusetts Supreme Judicial Court · 1905
- Stephens v. GibbesSupreme Court of Florida · 1873
- Liston v. HicksAppellate Division of the Supreme Court of the State of New York · 1935
- Claim of Tate v. Estate of DickensAppellate Division of the Supreme Court of the State of New York · 1949