Montgomery v. Lampton
Court of Appeals of Kentucky
UASE 14 — PETITION ORDINARY — APPEAL FROM FRANKLIN CIRCUIT OOURT^ cited 3 Mon., 108; 9 B. Mon., 242; 4 Litt., 34; lb., 47; 3 Pick., 207 ; 18 B. Mon., 643; Fleming vs. Haynes, 2 Eng. Com. Law Rep. ; 1 lb., 14; 14 John., 378; Chitty on Contracts, 595, 8th 'Am. Ed.; Story on Contracts, subject “moral consideration,” and notes, Ed. cited Chitty on Contracts, 685, 689 and notes; 8 B. Mon., 599.
1Opinion of the Court
JUDGE PE.TERS
delivered the opinion of the court:
Appellee, being unable to pay his debts, on the 10th of May, 1858, made an assignment of all his property to J. S. Price, in trust for the benefit of his creditors.
Montgomery & Company, (appellant then being a member of the firm,) together with a number of the other creditors of appellee, agreed with J. S. Price, the trustee, that if he would secure to them the one-half of their debts on appellee, by notes with undoubted surety, payable at, periods agreed upon, they wmuld assign to Price all their interest in the propei'ty conveyed to him in…
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- Woodbury v. Sparrell PrintMassachusetts Supreme Judicial Court · 1905
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