Monroe v. Davis
Court of Appeals of Kentucky
Case 105 — Action by W. S. Davis against W. T. Monroe, fob ■Slander. APPEAL FROM. EDMONSON CIRCUIT COURT-B. W. BRADBURN, CIRCUIT JUDGE.
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Case 105 — Action by W. S. Davis against W. T. Monroe, fob ■Slander. APPEAL FROM. EDMONSON CIRCUIT COURT-B. W. BRADBURN, CIRCUIT JUDGE. Judgment for Plaintiff and Defendant Appeals. 1. We submit that words used in a petition by appellant in an action against the administratrix of an estate andl the sureties on her bond, that “the defendant carried away and converted to his own use a lot of the goods and merchandise from the store which was a part of the estate left by decedent, and without paying anything for them or reimbursing the estate in any way,” are n-ot libelous. 2. Such language does…
1Opinion of the Court
Opinion op the court by
JUDGE PAYNTER
Reversing.
The estate of W. O. Doyel, deceased, of which his widow, Mary E. Doyel, was administratrix, was indebted to the appellant. The appellee jvas the surety of Mary E. Doyel on her bond as administratrix. The decedent seems to have been a merchant, and at his death had some merchandise. The administratrix failed to pay the appellant’s debt, and he instituted an action against her and her surety, W. S. Davis, to recover it. The plaintiff sought to recover upon the idea that there were assets in the hands of the personal representative, and that one of…
2Cases cited2 opinions
- Forbes v. JohnsonCourt of Appeals of Kentucky · 1850
- Morgan v. BoothCourt of Appeals of Kentucky · 1877
3Cited by9 opinions
- Myers v. HodgesSupreme Court of Florida · 1907
- McClarty v. BickelCourt of Appeals of Kentucky · 1913
- Lisanby v. Illinois Central RailroadCourt of Appeals of Kentucky (pre-1976) · 1925
- Carpenter v. Grimes Pass Placer Mining Co.Idaho Supreme Court · 1911
- Smith v. HodgesCourt of Appeals of Kentucky · 2005
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