O'Connor v. Sherley
Court of Appeals of Kentucky
Case 15 — ACTION ON CONTRACT APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. The attachment should be discharged because sufficient grounds are not stated. 2. The judgment on the notes is erroneous because McCulloch had no right to bind O’Connor by these notes. Breckinridge v. Shrieve, 4 Dana, 375; Judge v. Braswell, 13 Bush, 75; Linn v. Yalz, 11 Ky.
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Case 15 — ACTION ON CONTRACT APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. The attachment should be discharged because sufficient grounds are not stated. 2. The judgment on the notes is erroneous because McCulloch had no right to bind O’Connor by these notes. Breckinridge v. Shrieve, 4 Dana, 375; Judge v. Braswell, 13 Bush, 75; Linn v. Yalz, 11 Ky. Law Rep., 846. 3. The relation between appellant and appellees, whether called partnership, sub-partnership, or by any other name, was a relation which made it unjust for Sherley to recover from O’Connor anything more than the…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion oe the court.
On the 19th of June, 1883, O’Connor and McCulloch entered into a written agreement of partnership, under the firm name of O’Connor & McCulloch, for the purpose of completing the building of the masonry of'the Henderson Bridge, pursuant to a contract entered into by them with the Henderson Bridge Company. In the contract of partnership between them it was expressly provided that O’Connor was to keep $20,000 in the firm, and McCulloch was to keep $25,000 in the firm, and that, if ether money was needed in the prosecution of the enterprise, it…
2Cases cited2 opinions
- Judge v. BraswellCourt of Appeals of Kentucky · 1877
- Breckinridge v. ShrieveCourt of Appeals of Kentucky · 1836
3Cited by3 opinions
- Lewis v. BrowningCourt of Appeals of Kentucky (pre-1976) · 1928
- Graham v. SwannCourt of Appeals of Kentucky · 1912
- Woods v. DavisCourt of Appeals of Kentucky · 1913