Trimble v. Reid
Court of Appeals of Kentucky
Case 97 — PETITION ORDINARY APPEAL PROM MONTGOMERY CIRCUIT COURT, To entitle the plaintiff to recover in this action he must prove that defendant caused to be published the statements as to the condition of the bank and that they were false in a material degree, and either known by him to be false or published by him without an honest belief that they were substantially true. And the court erred in not giving an instruction asked by defendant embracing .this view.
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Case 97 — PETITION ORDINARY APPEAL PROM MONTGOMERY CIRCUIT COURT, To entitle the plaintiff to recover in this action he must prove that defendant caused to be published the statements as to the condition of the bank and that they were false in a material degree, and either known by him to be false or published by him without an honest belief that they were substantially true. And the court erred in not giving an instruction asked by defendant embracing .this view. (Board of Comm’s’rs of Tippecanoe County y. Reynolds, 44 Ind.; s. c. 15 Am. Rep., 245; Cook on Stock and Stockholders, sec. 355;…
1Opinion of the Court
JUDGE GRACE
delivered the opinion op the court.
This is an appeal by J. G. Trimble from a judgment of the Montgomery Circuit Court against'him in favor of Mrs. E. J. Reid, for the sum of $1,525.
This suit was filed by appellee, alleging substantially the following state of fact: That in February, 1887, and in July, 1887, she purchased of defendant, J. G. Trimble, thjrtythree shares of stock of the Exchange Bank of Mt. Sterling, Ky., at the sum and price of $120 per share, and paid him for same. That at the time of said purchase, and in order to induce appellee to make same, Trimble stated that…
2Cases cited4 opinions
- Wakeman v. . DalleyNew York Court of Appeals · 1872
- United Society of Shakers v. UnderwoodCourt of Appeals of Kentucky · 1873
- Graves v. Lebanon National BankCourt of Appeals of Kentucky · 1873
- Prewitt v. TrimbleCourt of Appeals of Kentucky · 1891
3Cited by16 opinions
- Hindman v. First Nat. Bank of LouisvilleCourt of Appeals for the Sixth Circuit · 1902
- Sharkey v. Burlingame Co.Oregon Supreme Court · 1929
- Dennis v. ThomsonCourt of Appeals of Kentucky (pre-1976) · 1931
- Boddy v. HenrySupreme Court of Iowa · 1901
- Cahill v. ApplegarthCourt of Appeals of Maryland · 1904
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