Farmers' Tobacco Warehouse Co. v. Minor
Court of Appeals of Kentucky
Case 50 — ACTION ON ACCOUNT APPEAL PROM OWEN CIRCUIT COURT. 1. The answer and counterclaim failing to repudiate the credits as given, and asking that they be 'increased by .the one-per-cent, commission as excess, and also failing to allege that the'defendant had paid this one per cent, or any part of it, the demurrer of plaintiff should have been sustained. MlcMasters v. Burnett, 92 Ky., 358; Ky.
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Case 50 — ACTION ON ACCOUNT APPEAL PROM OWEN CIRCUIT COURT. 1. The answer and counterclaim failing to repudiate the credits as given, and asking that they be 'increased by .the one-per-cent, commission as excess, and also failing to allege that the'defendant had paid this one per cent, or any part of it, the demurrer of plaintiff should have been sustained. MlcMasters v. Burnett, 92 Ky., 358; Ky. Stats., secs. 4803, 4807. 2. The demurrer of defendant to .plaintiff’s reply should have been overruled because the defendant not having paid said commission or any part of same, or having at any…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the court.
The appellant corporation is a public warehouse for the sale of tobacco in Louisville, Ky. It made certain loans or advancements to appellee, with the agreement that appellee was to ship to them for sale his crop of tobacco, and out of the proceeds thereof appellant was to retain the amount of its lc~^.
The tobacco was shipped to, and sold by, appellant under that contract, but failed to bring the amount of appellee’s account.
Appellant brought this action to recover the balance due on the loan, after being credited by the net proceeds of the sales.
A…
2Cases cited1 opinion
- McMasters v. Burnett & Co.Court of Appeals of Kentucky · 1891
3Cited by1 opinion
- Pannell v. Louisville Tobacco Warehouse Co.Court of Appeals of Kentucky · 1902