Falkenburg v. Johnson
Court of Appeals of Kentucky
Case 89 — PETITION EQUITY APPEAI. PROM BUSSELL CIRCUIT COURT. 1. The husband transferred the check which was nothing more nor less than an order for the money to his wife; the money never actually reached his hands or was paid to him; it was then exempt and its transfer to his wife could have been no fraud upon his creditors. Johnson v. Elkins, 90 Ky., 163. Simms v. Walt-ham, 9th Ky.
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Case 89 — PETITION EQUITY APPEAI. PROM BUSSELL CIRCUIT COURT. 1. The husband transferred the check which was nothing more nor less than an order for the money to his wife; the money never actually reached his hands or was paid to him; it was then exempt and its transfer to his wife could have been no fraud upon his creditors. Johnson v. Elkins, 90 Ky., 163. Simms v. Walt-ham, 9th Ky. Law-Rep., 912; Robinson v. Walker, 82 Ky'., 60. 2. - The pensioner had the right under the circumstances of this case to secure this money to his wife as a reasonable provision for the support of her and the…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion of the cottbt.
It appears from the record in tbis case that E. S. Falken-burp: was a soldier in the late war, and that in ÍS92 he was *545allowed a pension for bis services as a soldier, and that a check therefor, amounting to something over $1,700, was sent to him, and that soon afterwards he transferred same to his wife, the appellant, A. A. Falkenburg, to be held by her as her separate estate, free from the control of her husband, or any husband she might have, and delivered same to her. It further appears that the Bank of Columbia held a note on F. E.…
2Cases cited3 opinions
- City of Louisville v. SherleyCourt of Appeals of Kentucky · 1882
- Lishy v. PerryCourt of Appeals of Kentucky · 1869
- Hudspeth v. HarrisonCourt of Appeals of Kentucky · 1884
3Cited by2 opinions
- Hudspeth v. HarrisonCourt of Appeals of Kentucky · 1884
- Tewmey v. Tewmey's AssigneeCourt of Appeals of Kentucky (pre-1976) · 1933