Graziani v. Commonwealth
Court of Appeals of Kentucky
Case 109 — ACTION BY R. A. BURTON SUPERINTENDENT' OP SCHOOLS OP LINCOLN COUNTY BY COMMONWEALTH, AND BY ELIZA J. LUSK SUPERINTENDENT OP SCHOOLS OP GARRARD COUNTY BY COMMONWEALTH, AGAINST B. P. GRAZIANI AND OTHERS ON A BOND POR THE SALE OP SCHOOL BOOKS. — Appeal from Lincoln Circuit Court. W. C. Bell, Circuit Judge. Judgment for the Plaintiff, Defendant appeals.— POINTS AND AUTHORITIES. 1. No liability until books adopted after the action of bond.
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Case 109 — ACTION BY R. A. BURTON SUPERINTENDENT' OP SCHOOLS OP LINCOLN COUNTY BY COMMONWEALTH, AND BY ELIZA J. LUSK SUPERINTENDENT OP SCHOOLS OP GARRARD COUNTY BY COMMONWEALTH, AGAINST B. P. GRAZIANI AND OTHERS ON A BOND POR THE SALE OP SCHOOL BOOKS. — Appeal from Lincoln Circuit Court. W. C. Bell, Circuit Judge. Judgment for the Plaintiff, Defendant appeals.— POINTS AND AUTHORITIES. 1. No liability until books adopted after the action of bond. Only adoption alleged in 1898. Statute shows liabilty on adoption. Bond shows that liabilty was only after adoption. 3. No consideration for the…
1Opinion of the Court
Opinion by
Judge Lassing
Reversing.
In August, 1901, the superintendent of public schools of Garrard county, Ky., filed suit in the Garrard circuit court seeking to recover of B. F. Graziani the penal sum of $10,000 for the alleged breach of a bond executed May 8, 1901, by Ginn & Co., publishers of text-books, with Graziani as surety. Ginn & Company are non-residents of the State of Kentucky, and the suit was against Graziani, the resident surety, who alone was before the court. On a change of venue, the suit was transferred to the Lincoln Circuit court for trial. A demurrer was filed to the…
2Cases cited2 opinions
- Warfield v. Brand's adm'rCourt of Appeals of Kentucky · 1877
- Johnson v. Ginn & Co.Court of Appeals of Kentucky · 1899
3Cited by1 opinion
- American Surety Co. of N.Y. v. NoeCourt of Appeals of Kentucky (pre-1976) · 1932