Denunzio's Receiver v. Scholtz
Court of Appeals of Kentucky
Case 20 — Action by Joseph Denunzio’s Receiver against Charles Scholtz as in an Action on Lost Notes. APPEAL FROM JEFFERSON CIRCUIT COURT. Judgment for Defendant And Plaintiff Appeals. POINTS AND AUTHORITIES* MOTION FOR JUDGMENT NON OBSTANTE VERDICTO. 1. The failure of defendant to plead in. his answer acceptance and delivery of the alleged gift entitles the plaintiff to judgment on the pleadings notwithstanding the verdict.
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Case 20 — Action by Joseph Denunzio’s Receiver against Charles Scholtz as in an Action on Lost Notes. APPEAL FROM JEFFERSON CIRCUIT COURT. Judgment for Defendant And Plaintiff Appeals. POINTS AND AUTHORITIES* MOTION FOR JUDGMENT NON OBSTANTE VERDICTO. 1. The failure of defendant to plead in. his answer acceptance and delivery of the alleged gift entitles the plaintiff to judgment on the pleadings notwithstanding the verdict. Civil Code, sec. 386; Scollard’s Admr. v. Scollard, 22 Ky. Law Rep., 23. 2. The stock was not the subject matter .of the gift, since on March 17, 1893, the date of the…
1Opinion of the Court
Opinion of the court by
JUDGE PAYNTER
Affirming.
Joseph Denunzio, died in September, 1894, possessed of a very large estate. In June, 1878, the appellee, Charles Scholtz, who was then quite young, was employed by Denunzio, and continued in his service until his death. So faithfully did he serve his employer that he was advanced from time to time, until he was practically in charge of the business. In September, 1893, Denunzio was in bad health, and contemplated- a trip to Hot Springs, Ark. Before going he conceived the idea of separating his large fruit business, managed by Scholtz, from his…
2Cases cited9 opinions
- Blackburn v. CrawfordsSupreme Court of the United States · 1866
- Doheny v. . LacyNew York Court of Appeals · 1901
- Gardner v. GardnerCourt for the Trial of Impeachments and Correction of Errors · 1839
- Roche v. George's Ex'orCourt of Appeals of Kentucky · 1893
- Stephenson's adm'r v. KingCourt of Appeals of Kentucky · 1883
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3Cited by11 opinions
- Colman v. HeidenreichIndiana Supreme Court · 1978
- Talbot v. TalbotSupreme Court of Rhode Island · 1911
- P. Lorrilard Co. v. RossCourt of Appeals of Kentucky · 1919
- Sullivan v. SheaCalifornia Court of Appeal · 1916
- Henson v. HensonTennessee Supreme Court · 1924
6 more not listed; retrieve them via the Exa API.