Legal Opinion

Smith v. Turner's administrator

Court of Appeals of Kentucky

Decided April 4, 1872Published

Case 45 — PETITION ORDINARY APPEAL PROM MADISON CIRCUIT COURT. CITED Gow on Partnership, 36, 37. 7 Term Rep. 207, Harrison v. Jackson. 4 Bush, 19, Hikes v. Crawford & Long. 6 Bush, 401, Maeklin’s ex’r v. Crutcher. 15 Johnson, 422, Walden y. Sheburn. 4 Johnson, 255. 5 Peters, 529. CITED Cary on Partnership, side pp. 6 and 48.

1Opinion of the CourtChief Justice Hardin

In this suit in equity the plaintiff, F. M. Smith, sought mainly to recover against the estate of A. C. Turner the balance of a debt of $846.85, evidenced by the following “due-bill” or note executed by Talton Turner, and delivered to Smith through his agent, J. P. Tribble:

“Due to Frank M. Smith eight hundred and forty-six dollars and eighty-five cents, this March 5, 1868.

Talton Turner.”

It appears that on the 13th of October, 1866, A. C. Turner, who was the father of said Talton, and a farmer owning a considerable estate, entered into a contract of copartnership with his son, to continue for…

2Cases cited1 opinion

  1. Macklin's Ex'r v. CrutcherCourt of Appeals of Kentucky · 1869

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