Longdale Iron Co. v. Swift's Iron & Steel Works
Court of Appeals of Kentucky
Case 33 — PETITION EQUITY — APPEAL PROM CAMPBELL CIRCUIT COURT. 1. A court of equity has jurisdiction to rescind a contract in relation to personal property on the ground of fraud. (Holcombe’s Fq.
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Case 33 — PETITION EQUITY — APPEAL PROM CAMPBELL CIRCUIT COURT. 1. A court of equity has jurisdiction to rescind a contract in relation to personal property on the ground of fraud. (Holcombe’s Fq. Jur., p. 43; Bradbury v. Keas, 5 J. J. Mar., 446; Gibson v. Mbore, 7 B. M., 94; Lane, &c., v. Bobinson, 18 B. M., 630; Carroll’s Code of Practice, sec. 250.) 2. The material allegations of the petition are confessed, no answer of any kind being filed Section 8 of article 11, chapter 44, General Statutes, has no application to this class of cases. (Dobyns v. Dobyns’ Assignee, 79 Ky., 95.) 3. An…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion oe the court.
The appellant alleges that on the 15th day of June, 1887, it sold and delivered to the appellee, the Swift Iron and Steel Works, six hundred and twenty-five tons of iron; that the sale was by E. L. Harper, as the agent of the appellant; that said Harper was an acting and managing member of the appellee, and knew, at the time of the sale and delivery, that the appellee was hopelessly insolvent, and was unable to pay for said iron, and sold the same to the appellee with the design to defraud the appellant, all of which the appellant was ignorant…
2Cases cited3 opinions
- Bank of Commerce v. Payne, Viley & Co.Court of Appeals of Kentucky · 1887
- Chenault v. BushCourt of Appeals of Kentucky · 1886
- Dobyns v. Dobyns' assigneeCourt of Appeals of Kentucky · 1880
3Cited by1 opinion
- Am.-German Nat. Bank v. Gray & Dudley H'd'w Co.Court of Appeals of Kentucky · 1908