Legal Opinion

McAdams's executors v. Hawes

Court of Appeals of Kentucky

Decided September 4, 1872PublishedCited by 4 opinions

Case 5 — PETITIONS EQUITY APPEAL EROM HANCOCK CIRCUIT COURT. CITED Hardin’s Rep. 62, Owens v. Owens. Collyer on Partnership, secs. 130, 324. 2 Duvall, 480, Anderson v. Sutton. 1 Duvall, 51, Bank of Louisville v. Barrick, &c. 1 Parsons on Contracts, 197, 198, 200. 3 Dana, 564, Bently, &c. v. Clark. 15 Johnson, 57, Griswold v. Waddington. 16 Johnson, 438. Code, secs. 257, 289. CITED Code, secs. 228, 238, 233, 257, 115, 116, 117, 153, 364, 366, 367. Drake on Attachments, secs.…

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Case 5 — PETITIONS EQUITY APPEAL EROM HANCOCK CIRCUIT COURT. CITED Hardin’s Rep. 62, Owens v. Owens. Collyer on Partnership, secs. 130, 324. 2 Duvall, 480, Anderson v. Sutton. 1 Duvall, 51, Bank of Louisville v. Barrick, &c. 1 Parsons on Contracts, 197, 198, 200. 3 Dana, 564, Bently, &c. v. Clark. 15 Johnson, 57, Griswold v. Waddington. 16 Johnson, 438. Code, secs. 257, 289. CITED Code, secs. 228, 238, 233, 257, 115, 116, 117, 153, 364, 366, 367. Drake on Attachments, secs. 251, 222. Story on Partnerships, secs. 315, 316. Story on Contracts, sec. 54. Parsons on Partnership, 27, 28. Parsons on…

1Opinion of the CourtChief Justice Hardin

Although the questions involved by this appeal are not numerous, nor very difficult if clearly discernible from the record, their consideration is much embarrassed both by the defective and irregular preparation of the several consolidated cases in the court below and the confused manner in which the record has been supplied.

On the 3d day of January, 1851, Edwin Hawes and his brother ¥m. F. Hawes, in contemplation of a copartnership in the business of mining and selling coal from a tract of about seven hundred and fifty acres of land, then owned by the former, in Hancock County and adjacent…

2Cases cited2 opinions

  1. New York Life Ins. v. CloptonCourt of Appeals of Kentucky · 1870
  2. Leathers v. Commercial InsuranceCourt of Appeals of Kentucky · 1867

3Cited by4 opinions

  1. Penn v. RhoadesCourt of Appeals of Kentucky · 1907
  2. Niles v. MeadeCourt of Appeals of Kentucky · 1920
  3. Smith v. MaineNew York Supreme Court · 1932
  4. Ford Lumber & Mfg. Co. v. CressCourt of Appeals of Kentucky · 1909

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