McMasters v. Burnett & Co.
Court of Appeals of Kentucky
Case 69 — PETITION ORDINARY APPEAL PROM GRAVES COURT OP COMMON PLEAS. Appellees violated the statute by settling with appellant for the less weight of hogshead and incurred the penalty prescribed by the statute. (Gen. Stats., chap. 111a, secs. 1, 2, 3.) A debt is not settled until it is paid or discharged. (Gandolfo v. Appleton, 40 N.Y., 541; Gen. Stats., chap. Illa, sees. 1 and 3.)
1Opinion of the CourtChief Justice Holt
The appellees, Burnett & Co., were tobacco warehouse-men. The appellant, L. C. McMasters, was a member of the firm of Taylor & McMasters, who were what is com*359monly known as “ country buyers ” of tobacco. ' In 1888 and 1889 the appellees, at different times and in various sums, advanced several thousand dollars to them as a loan, they in turn shipping their tobacco to the appellees, who were to, and did sell it, and credit 'the firm with the proceeds, less commission.
The firm in this way borrowed considerably more than was realized from their tobacco, but no settlement was ever made between…
2Cited by4 opinions
- Commonwealth v. TrentCourt of Appeals of Kentucky · 1903
- York Mfg. Co. v. RothwellCourt of Appeals for the Sixth Circuit · 1902
- Fox Chase Knitting Mills, Inc. v. HandalAppellate Division of the Supreme Court of the State of New York · 1931
- Farmers' Tobacco Warehouse Co. v. MinorCourt of Appeals of Kentucky · 1899