Turner Elkhorn Coal Company v. Smith

Opinion oe the Court by

Drury, Commissioner

Reversing.

On September 16, 1923, J. D. Turner and eight others, who were partners and doing business under the firm name and style of Turner Elkhorn Coal Company, sued T. W. Smith to recover of him $828.49 represented by two bunches of checks, one bunch for $711.17 and the other $117.32. Smith filed an. answer and counterclaim, and a trial resulted in a judgment in his favor against these partners for $1,200. An appeal was prosecuted to this court, and the judgment was reversed. See 218 Ky. 503, 291 S. W. 715, 717. The case has been retried, and this…