Block v. Oliver & O'Bryan
Court of Appeals of Kentucky
Case 43 — PETITION EQUITY APPEAR PROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. Whenever one of the old outstanding receipts came into the hands of Sutton, who was a member of th© firm of Mattingly & Sons who issued them, it ceased ipso facto to be an outstanding receipt; that being true, when the original receipts for the 200 barrels were taken up by Sutton the duplicate receipts held by appellant then represented the whisky; the duplicate receipts were valid,…
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Case 43 — PETITION EQUITY APPEAR PROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. Whenever one of the old outstanding receipts came into the hands of Sutton, who was a member of th© firm of Mattingly & Sons who issued them, it ceased ipso facto to be an outstanding receipt; that being true, when the original receipts for the 200 barrels were taken up by Sutton the duplicate receipts held by appellant then represented the whisky; the duplicate receipts were valid, although issued when there were other outstanding receipts against the same whisky. Cochran & Fulton v. Ripy, &c., 13…
1Opinion of the Court
JUDGE DtrREBLE
pbliveked the opinion ob the cotjet.
■ The Arm of J. G. Mattingly & Sons, distillers, prior to February 23, 1892, was composed of J. G., P. J., and L. D. Mattingly. On that date A. E. Sutton 'became a member of the firm, under the following agreement signed by all the parties: “It is agreed between the undersigned that A. R. Sutton shall furnish from lime to time sufficient capital, at seven per cent, interest thereon, to the firm of J. G. Mat-tingly & Sons to enable said firm to distill and manufacture whisky in Kentucky in the manner and to the extent they have presently…
2Cases cited2 opinions
- Cochran v. Ripy, Hardie & Co.Court of Appeals of Kentucky · 1877
- State v. StevensonSupreme Court of Iowa · 1879
3Cited by3 opinions
- Moore v. Thomas Moore Distilling Co.Supreme Court of Pennsylvania · 1915
- Gould v. City Bank & Trust Co.Court of Appeals for the Fourth Circuit · 1954
- In re Reilly Brock & Co., Pennsylvania Court of Common Pleas, Philadelphia County1931