Assignee v. Sutcliffe
Court of Appeals of Kentucky
Case 117 — EQUITY APPEAL FROM FAYETTE CIRCUIT COURT. 1. The owner of personal property wrongfully taken cannot maintain an action on contract as for goods sold and delivered to the wrong-doeri (2 Bos. & Pul., 554; 5 Pick., 285; 4 Gray, 103; 29 Ala., 332; 36 Ind., 73; 11 N. H., 246; 43 Ind., 536; 12Vt.,212; 3 Watts, 277; 25 Mich., 386; 43 Iowa, 187; 93 111., 265; Guthrie v. Wickliffe, 1 Mar., 83.) 2. A vendor of goods who has sold on a stipulated credit cannot, upon…
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Case 117 — EQUITY APPEAL FROM FAYETTE CIRCUIT COURT. 1. The owner of personal property wrongfully taken cannot maintain an action on contract as for goods sold and delivered to the wrong-doeri (2 Bos. & Pul., 554; 5 Pick., 285; 4 Gray, 103; 29 Ala., 332; 36 Ind., 73; 11 N. H., 246; 43 Ind., 536; 12Vt.,212; 3 Watts, 277; 25 Mich., 386; 43 Iowa, 187; 93 111., 265; Guthrie v. Wickliffe, 1 Mar., 83.) 2. A vendor of goods who has sold on a stipulated credit cannot, upon rescinding the contract for fraud on the part of the vendee, sue on contract for the value of the goods before the expiration of…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
In the month of December, 1879, J. J. Dietz made am assignment of his stock of goods, consisting mainly of' boots and shoes, to the appellant J. H. Shropshire. Prior to» *651this assignment, the appellees,- except W. S. Thorn & Co.,, instituted their action at law, and obtained attachments that, were levied on the property of Dietz.
The assignee, upon his motion, was made, a party defendant, and by an answer controverted all the grounds of the attachment. The actions by the appellees were in ordinary for goods sold and delivered. The appellant pleaded…
2Cited by5 opinions
- Kirkpatrick's Exor. v. E. Rehkoph Saddlery Co.Court of Appeals of Kentucky · 1911
- Bank of Commerce v. Payne, Viley & Co.Court of Appeals of Kentucky · 1887
- Crown Cycle Co. v. BrownOregon Supreme Court · 1901
- Am.-German Nat. Bank v. Gray & Dudley H'd'w Co.Court of Appeals of Kentucky · 1908
- Nashville Grain & Feed Co. v. American Cooperative Ass'nCourt of Appeals of Kentucky · 1924