Vinson, Goble & Prichard v. McAlpin & Co.
Court of Appeals of Kentucky
Case 55 — PETITION EQUITY APPEAL FROM BOYD CIRCUIT COURT. 1. Appellants were not creditors of M. H. Johns in the sense in which that term is used in- the statute. (Napper v. Yager, 79 Ky., 243.) 2.The delivery of the timber by Johns in February and March, 1884, was not a sale and delivery of the timber at these dates, but simply a delivery pursuant to and in compliance with a contract long before made, and is not within the operation of the statute.
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Case 55 — PETITION EQUITY APPEAL FROM BOYD CIRCUIT COURT. 1. Appellants were not creditors of M. H. Johns in the sense in which that term is used in- the statute. (Napper v. Yager, 79 Ky., 243.) 2.The delivery of the timber by Johns in February and March, 1884, was not a sale and delivery of the timber at these dates, but simply a delivery pursuant to and in compliance with a contract long before made, and is not within the operation of the statute. (Brooks, Water-field & Co. v. Staton’s Adm’r, 79 Ivy., 175.) 1. The contract of August, 1883, was not enforceable because it applied to no…
1Opinion of the CourtChief Justice Pryor
M. H. Johns, on the twenty-first of March, in the year 1884, made an assignment for the benefit of his *359creditors. In April, 1884, George W. McAlpin & Co. and other creditors instituted this action to have certain transactions between Johns, the debtor, and the appellants, Vinson, Goble & Prichard, declared fraudulent, as being niade in contemplation of insolvency, and with the design to prefer them as creditors. The appellants had for many years been engaged in conducting the business of purchasing what is known as round lumber, in the town of Catlettsburg, Kentucky.
Johns, the debtor, was…
2Cases cited1 opinion
- Napper v. YagerCourt of Appeals of Kentucky · 1881
3Cited by4 opinions
- Ochsner v. CommonwealthCourt of Appeals of Kentucky · 1908
- Buckles v. CommonwealthCourt of Appeals of Kentucky · 1902
- Helm v. CommonwealthCourt of Appeals of Kentucky · 1914
- Bowers v. Huntington BankCourt of Appeals of Kentucky · 1895