Legal Opinion

McGill's creditors v. McGill's administrator

Court of Appeals of Kentucky

Decided September 28, 1859PublishedCited by 21 opinions

CASE 54 — PETITION EQUITY — APPEAL FROM KENTON CIRCUIT COURT. cited 6 Barr, 364; 8 Wend., 666; 8 Cow., 258; 4 McCord, 259; Story's Partnership, secs. 344, 325, 326,327,328,347; Gow’s Partnership, p. 331; 6 Cow., 442; 1 Taunt., 104; 20 Barb., 477; 23 Missouri, 76; 21 lb., 215; 11 Ves., 5; Addison on Contracts, p. 359; 1 Parsons on Contracts,p.

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CASE 54 — PETITION EQUITY — APPEAL FROM KENTON CIRCUIT COURT. cited 6 Barr, 364; 8 Wend., 666; 8 Cow., 258; 4 McCord, 259; Story's Partnership, secs. 344, 325, 326,327,328,347; Gow’s Partnership, p. 331; 6 Cow., 442; 1 Taunt., 104; 20 Barb., 477; 23 Missouri, 76; 21 lb., 215; 11 Ves., 5; Addison on Contracts, p. 359; 1 Parsons on Contracts,p. Ill; Story on Contracts, second cd., secs. 275, 276; 12 Smedes ¿y Marshall, 669; 2 John., Ch. Rep., 509 ; 4 Dana, 148 ; 3 Kent, 63 ; 1 Meeson ¿y Welsby, 423; Broom’s Legal Maxims, [704.] cited 2 Bibb, 103 ; 1 Bibb, 547; 4 Litt., 412; 5 B. Mon., 501; 1…

1Opinion of the CourtChief Justice Simpson

The administrator of John D. McGill, deceased, brought this action for the settlement of the decedent’s estate. Two claims against the estate, one in favor of the State Bank of Ohio, and the other in favor of B. Whitney, were presented, and rejected by the court. From the. decision of the circuit court rejecting these claims this appeal is prosecuted.

McGill was an attorney at law, and was in partnership with another attorney at law by the name of Phelps. The firm executed a receipt to B. Whitney, of which the following is a copy:

“ 1855, November 3d. — Received of Burnett Whitney a note drawn,…

2Cases cited1 opinion

  1. Shultz & Co. v. Johnson's AdministratorCourt of Appeals of Kentucky · 1845

3Cited by21 opinions

  1. Humphrey v. TatmanSupreme Court of the United States · 1905
  2. Place v. LangworthyWisconsin Supreme Court · 1861
  3. King v. CrossSupreme Court of the United States · 1899
  4. Macpherson v. Bacon'sCourt of Appeals of Kentucky · 1918
  5. Sleeper v. ChapmanMassachusetts Supreme Judicial Court · 1876

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