Commonwealth v. Ginn & Co.
Court of Appeals of Kentucky
Case 11. — ACTION BY THE COMMONWEALTH OF KENTUCKY AGAINST GINN & CO. TO RECOVER DAMiAGES FOR BREACH OF SCHOOL BOOK BOND. Appeal from Lincoln Circnit Court. M. C. Saueley, Circuit Judge. From a judgment dismissing the-petition plaintiff appeals.
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Case 11. — ACTION BY THE COMMONWEALTH OF KENTUCKY AGAINST GINN & CO. TO RECOVER DAMiAGES FOR BREACH OF SCHOOL BOOK BOND. Appeal from Lincoln Circnit Court. M. C. Saueley, Circuit Judge. From a judgment dismissing the-petition plaintiff appeals. WHAT IS MEANT BY THE WORD ‘ ‘ABSENCE.’” 1. Primarily the question on this appeal is, did the lower court' err in overruling the plaintiffs’ demurrer to the defendants’ 4th amended answer? We answer the question affirmativel3r; and we believe we are right in so doing. Let us see. The bond sued on was examined and approved by W. J. Davidson,…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Reversing.
On the former appeal, of this case (see Commonwealth v. Ginn & Co., 63 S. W., 467, 23 Ky. Law Rep., 521), it was held that the plaintiffs conld maintain an action to recover the entire $10,000 stipulated as liquidated damages, if there had been a breach of the bond. The case was\here on a demurrer to the petition, and, among other things, it was insisted for the appellees that the record failed to show that the bond had been accepted. In answer to this objection the court said: “Another question presented in the argument is, the bond, a copy of which is…
2Cases cited2 opinions
- Watkins v. MooneyCourt of Appeals of Kentucky · 1903
- Commonwealth v. Ginn & Co.Court of Appeals of Kentucky · 1901
3Cited by5 opinions
- Irvine v. Town of GreenwoodSupreme Court of South Carolina · 1911
- Kurre v. American Indemnity Co.Missouri Court of Appeals · 1929
- Sawyer v. First Judicial District CourtNevada Supreme Court · 1966
- Louisville Railway Co. v. FarmerCourt of Appeals of Kentucky · 1918
- Reid v. CommonwealthCourt of Appeals of Kentucky · 1906