Mast, Crowell & Kirkpatrick v. Lehman
Court of Appeals of Kentucky
CASE 68 — PETITION ORDINARY APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY- DIVISION. ,T. Appellants’ failure to allege in petition notice of acceptance of the letter of credit and appellee’s promise to pay is cured by the evidence and verdict. (9 Bush, 332, Bridges v. Reed; 14 Ky. L. R., p. 431, Droege v. Woods; 11 Ky. R., p. 582, Mueller v. Morgan; 1 Met.-, p. 443, Woodcock v. Ferrell; 82 Ky., p. 296, Drake’s adm’r y.
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CASE 68 — PETITION ORDINARY APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY- DIVISION. ,T. Appellants’ failure to allege in petition notice of acceptance of the letter of credit and appellee’s promise to pay is cured by the evidence and verdict. (9 Bush, 332, Bridges v. Reed; 14 Ky. L. R., p. 431, Droege v. Woods; 11 Ky. R., p. 582, Mueller v. Morgan; 1 Met.-, p. 443, Woodcock v. Ferrell; 82 Ky., p. 296, Drake’s adm’r y. Simonon & Dixon; 6 B. M., p. 380, Hunt v. Wilson; 7 B. M., p. 379, Vaughn v. Gardner; 2 Met., p. 88, Breggs v. Matby; 10 Bush, p. 275, Escott & Son v. White, &c.; 88 Ky.,…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of the court:
This suit was instituted by the plaintiffs against defendant upon a letter of credit executed by defendant to the plaintiffs in favor of one Francis Holloway, which is, in words, as follows: “I request that if Mr. Francis Holloway order books or merchandise from you at any time within twelve months from the date of this letter of credit you ship same to his order, and I hereby obligate myself to see that same are paid for ivithin thirty days from date of shipment, provided, he should fail to make settlement in that time, and the amount shouldnot…
2Cited by12 opinions
- Hill v. RaglandCourt of Appeals of Kentucky · 1902
- Louisville Ry. Co. v. HibbittCourt of Appeals of Kentucky · 1910
- Connecticut Fire Insurance v. MooreCourt of Appeals of Kentucky · 1913
- Slusher v. HubbleCourt of Appeals of Kentucky (pre-1976) · 1934
- S. K. Jones Construction Co. v. HendleyCourt of Appeals of Kentucky (pre-1976) · 1928
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