Feltner v. Feltner
Court of Appeals of Kentucky
Appeal from Clark Circuit Court. J. M. Benton, Circuit Judge. Judgment for defendants, Plaintiff appeals POINTS AND AUTHORITIES. 1. If money be paid to one party as consideration for a contract or transaction which is contrary to public policy, and by him delivered to a third person to he held by that person for him, such third person cannot refuse to pay over the' money to the party who gave it to him upon the plea that the money was derived from an illegal transaction; Am.…
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Appeal from Clark Circuit Court. J. M. Benton, Circuit Judge. Judgment for defendants, Plaintiff appeals POINTS AND AUTHORITIES. 1. If money be paid to one party as consideration for a contract or transaction which is contrary to public policy, and by him delivered to a third person to he held by that person for him, such third person cannot refuse to pay over the' money to the party who gave it to him upon the plea that the money was derived from an illegal transaction; Am. & Eng. Ene. of Law, 2nd Ed. Vol. 3, page 758; Borron v. Landees, 1 Duvall 299; Stephen v. Vaughn, 4 J. J. Mar. 206. 2.…
1Opinion of the Court
*707Opinion of the Court by
Judge Hobson
Affirming.
Moses B. Feltner brought this suit against F. B. Feltner and the Winchester Bank, alleging in his petition that, on-December 6, 1904, he delivered to Felix B. Feltner the sum of $1,000 for safe-keeping as his agent for Ms use and benefit, that Feltner deposited the money in the Winchester Bank to his own credit, and that the bank still held the money. He prayed judgment against Feltner and the bank. The defendants filed answer controverting the allegations of the petition. Proof was taken, and, on final hearing, the court entered judgment in favor…
2Cases cited5 opinions
- Brooks v. MartinSupreme Court of the United States · 1864
- McBlair v. GibbesSupreme Court of the United States · 1855
- Martin v. RichardsonCourt of Appeals of Kentucky · 1893
- Irwin v. IrwinCourt of Appeals of Kentucky · 1899
- Smith v. RichmondCourt of Appeals of Kentucky · 1902
3Cited by3 opinions
- Leake v. IsaacsCourt of Appeals of Kentucky (pre-1976) · 1936
- Scott v. O'HaraCourt of Appeals of Kentucky · 1912
- Scott v. O'HaraCourt of Appeals of Kentucky · 1912