Foard v. McComb
Court of Appeals of Kentucky
Case 55 — PETITION OEDINAEY APPEAL FROM CHRISTIAN CIRCUIT COURT. The appellee obtained the money in controversy in this case by false and fraudulent representations, and is therefore liable. (Kerr on Fraud and Mistake, pp. 56, 57; 1 Story’s Equity, sec. 193.)
1Opinion of the Court
JUDGE ELLIOTT
delivered the opinion of the court.
This appeal is from a judgment of the lower court in appellee’s favor in an action brought by appellants against *724him to recover $177.11, balance of an order drawn by Smoot & McComb on appellant Whitlock, and in favor of appellant Foard.
It appears that appellant Foard was deputy sheriff of Christian County, and as such had various executions in his hands against Smoot & McComb, and was pressing them for money, and in part satisfaction of the amount due Foard, Smoot & McComb drew an order in his favor upon appellant Whit-lock for $377.11. This…
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