Newport News & M. V. Co. v. McDonald Brick Co.'s Assignee
Court of Appeals of Kentucky
Case 62 — Action for Breach of Contract. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Plaintiff and Defendant Appeals. The Fidelity Trust Co., as assignee of the McDonald Brick Co., sued the Newport News and Mississippi Valley Co. for alleged breach of contract, claiming $60,000 damages. Summons was returned served on Holmes Cummins, its general attorney for the State of Kentucky.
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Case 62 — Action for Breach of Contract. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Plaintiff and Defendant Appeals. The Fidelity Trust Co., as assignee of the McDonald Brick Co., sued the Newport News and Mississippi Valley Co. for alleged breach of contract, claiming $60,000 damages. Summons was returned served on Holmes Cummins, its general attorney for the State of Kentucky. A plea in abatement was duly filed averring “that said Holmes Cummins was not an officer or agent of this defendant, but has been in .the employ of this defendant as its attorney, and…
1Opinion of the Court
Opinion op the cotjp.t by
JUDGE BUB.NAM
Affirming.
This is an appeal from a judgment of the Jefferson Circuit Court rendered upon a verdict of a jury in favor of appellee against appellant. The facts out of which the litigation grew are best shown by the following correspondence between McDonald Bros, and the general freight agent of appellant, a corporation organized under the laws of Connecticut, and who were at that time operating a railroad, as lessees, upon the line of the Chesapeake, Ohio & Southwestern Railroad, in this State, between Louisville and Paducah, under a 50-year lease. The…
2Cases cited3 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Bluegrass Cordage Co. v. Luthy & Co.Court of Appeals of Kentucky · 1896
- Henderson Bridge Co. v. O'Connor & McCullochCourt of Appeals of Kentucky · 1889
3Cited by4 opinions
- Utah Copper Co. v. Public Utilities CommissionUtah Supreme Court · 1921
- Williams v. Bruce's Juices, Inc.District Court, W.D. Kentucky · 1940
- Eminence Distillery Co. v. FremdCourt of Appeals of Kentucky · 1921
- Citizens Telephone Co. v. City of NewportCourt of Appeals of Kentucky · 1920