McCormick Harvesting Machine Co. v. Arnold
Court of Appeals of Kentucky
Case 51 — 'Action by McCormick Harvesting Machine Co. against W. A. Arnold and Another on Notes. APPEAL* FROM. GARRARD CIRCUIT COURT. .Judgment for Defendants and Plaintiff Appeals. 1. In this action on three notes given for a corn husker and shredder the defendant in his answer alleged' that plaintiff in the contract warranted the machine to husk and shred 150 to 200 shocks of corn and fodder per day, and if it failed, to do-so plaintiff would take it hack and give uip the…
Read the full summary
Case 51 — 'Action by McCormick Harvesting Machine Co. against W. A. Arnold and Another on Notes. APPEAL* FROM. GARRARD CIRCUIT COURT. .Judgment for Defendants and Plaintiff Appeals. 1. In this action on three notes given for a corn husker and shredder the defendant in his answer alleged' that plaintiff in the contract warranted the machine to husk and shred 150 to 200 shocks of corn and fodder per day, and if it failed, to do-so plaintiff would take it hack and give uip the notes, .but it is nowhere alleged that upon its failure to do the world it was warranted to do, the defendant offered to…
1Opinion of the Court
Opinion op the court by
JUDGE SETTLE
Reversing.
The appellees, W. A. Arnold and J. I. Hamilton, were-sued by the appellant, McCormick Harvesting Machine Company, upon three promissory notes of $75 each of date November li, 1901, and due December 1, 1901, June 1, 1902,, and January 1, 1903, respectively. The payment of the notes was resisted by appellees in the court below; the defense interposed by their answer being that they were executed for one McCormick husker and shredder, which they received of appellant, and which its agent warranted would husk and shred 150 shocks of corn and fodder, or…
2Cited by13 opinions
- Barnard v. NapierCourt of Appeals of Kentucky · 1916
- A. S. Cameron Steam Pump Works v. Lubbock Light & Ice Co.Court of Appeals of Texas · 1914
- Hauss v. SurranCourt of Appeals of Kentucky · 1916
- Johnson v. Westerfield's Admr.Court of Appeals of Kentucky · 1911
- Glover Machine Works v. Cooke-Jellico Coal Co.Court of Appeals of Kentucky · 1917
8 more not listed; retrieve them via the Exa API.