Southern Contract Co.'s Assignee v. Newhouse
Court of Appeals of Kentucky
Case 91 — Action by W. T. Grant, Assignee of ti-ie Southern Contract Co. Against Alice Newhouse and Others, Stockholders, to Recoiek Dividends Paid to Them by Mistake. APPEAL FROM JEFFERSON CIRCUIT COURT, L. AND E. DIV.-STERLING B. TONEY, judge. From the Judgment Dismissing the Petition the Plaintiff Appeals.
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Case 91 — Action by W. T. Grant, Assignee of ti-ie Southern Contract Co. Against Alice Newhouse and Others, Stockholders, to Recoiek Dividends Paid to Them by Mistake. APPEAL FROM JEFFERSON CIRCUIT COURT, L. AND E. DIV.-STERLING B. TONEY, judge. From the Judgment Dismissing the Petition the Plaintiff Appeals. POINTS AND AUTHORITIES. 1. If an action is based on mistake, limitation is suspended during the 'time the defendant obstructs the action, and that appellant might have attached the non-resident’s property does not alter the rule. Kentucky Statutes, 2532, 2515 and 2519; Posten v. Smith’s…
1Opinion of the Court
Opinion of the court by
JUD&E O’REAR
Reversing.
The Southern Contract Company, a corporation/ declared a dividend1 >on May 1, 1889, on its capital stock, payable in mortgage bonds of the Louisville Southern Railroad Co., which bonds were' then owned by the contract company. This dividend was paid by the contract company to its stockholders. Afterwards certain debts developed against the contract company which had their origin anterior to the date of the declaration of -the dividend, and the contract company being unable to pay them, made a general assignment for the benefit of its creditors in…
2Cases cited10 opinions
- Hopkins v. StoutCourt of Appeals of Kentucky · 1869
- Trustees Kentucky Female Orphan School v. FlemingCourt of Appeals of Kentucky · 1874
- Williams' Ex'r v. WilliamsCourt of Appeals of Kentucky · 1890
- Grant v. RossCourt of Appeals of Kentucky · 1896
- Grant v. Southern Contract Co.Court of Appeals of Kentucky · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Massie v. PaulCourt of Appeals of Kentucky (pre-1976) · 1936
- Johnson v. Equitable Life Assurance Society, U. S.Court of Appeals of Kentucky · 1910
- Halcomb v. CornettCourt of Appeals of Kentucky · 1912
- Jones v. ScottCourt of Appeals of Kentucky · 1884