O'Bannon & Co. v. Relf & Bledsoe
Court of Appeals of Kentucky
Covenant Fb.om: the Circuit Court for Jefferson County. As the Court found no question, “ either new or difficult,” in the record of this case, the decision was not written with any view to its publication. But a petition for a re-hearing having been presented, it is made-the duty of the Reporter, by the act of 1838, (5 Dana,. vi.) to print the petition and the decision with it.
Read the full summary
Covenant Fb.om: the Circuit Court for Jefferson County. As the Court found no question, “ either new or difficult,” in the record of this case, the decision was not written with any view to its publication. But a petition for a re-hearing having been presented, it is made-the duty of the Reporter, by the act of 1838, (5 Dana,. vi.) to print the petition and the decision with it. The plaintiffs were a firm of merchants in Shelbyville; the defendants, manufacturers of bagging and bale-rope in the same place. On the 7th of April, 1835, these two firms signed and sealed an article of agreement,…
1Opinion of the Court
Judge Marshall
announced the decision of this Court, as follows:—
As the declaration shows that the bagging was ac-oepted by the plaintiffs, and does not show, either that they had no opportunity of inspecting it at the time of delivery, or that they did not then know, or might not, from the nature of the goods and of the transaction, have known of the defects now alleged, by reasonable ¿Lili-gence; and as it does not show when the defects were discovered, nor that, when discovered, the defendants were notified, or the return of the goods tendered, nor any reason why this was not done — we are…
2Cited by10 opinions
- First State Bank of Nortonville v. MortonCourt of Appeals of Kentucky · 1912
- Jones Bros. v. McEwanCourt of Appeals of Kentucky · 1891
- Courtesy Flour Co. v. WestbrookSupreme Court of Arkansas · 1920
- Ricketts v. HaysIndiana Supreme Court · 1859
- Lykens v. Bowling & LawsonCourt of Appeals of Kentucky · 1920
5 more not listed; retrieve them via the Exa API.