United Society of Shakers v. Underwood
Court of Appeals of Kentucky
Case 9 — PETITION ORDINARY APPEAL FROM FRANKLIN CIRCUIT COURT. CITED When the granting of an instruction, as in the case of a non-suit, will be adjudged error: 1 Bush, 109, Shay v. Richmond Turnpike Co. 9 Wall. 197 and 248, Hickman v. Jones, and Barney v. Schmeider. 2Bush, 140, Stephens v. Brooks. 8 Wall. 268, Drakely v. Gregg. 17 B. Mon. 28, Thompson v. Thompson.
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Case 9 — PETITION ORDINARY APPEAL FROM FRANKLIN CIRCUIT COURT. CITED When the granting of an instruction, as in the case of a non-suit, will be adjudged error: 1 Bush, 109, Shay v. Richmond Turnpike Co. 9 Wall. 197 and 248, Hickman v. Jones, and Barney v. Schmeider. 2Bush, 140, Stephens v. Brooks. 8 Wall. 268, Drakely v. Gregg. 17 B. Mon. 28, Thompson v. Thompson. Former recovery and pleas in bar: Bigelow on Estoppel, pages 95 and 96. Ereeman on judgments, section 163. Morse on Banking, pp. 148-50., 4 How. 467, Aspden v. Nixon. 6 How. 44, Stacey v. Thrasher. 5 Wall. 590, Packet Co. v.…
1Opinion of the Court
JUDGE LINDSAY
delivered the opinion op the coubt.
*268Counsel have argued this case upon the hypothesis that the appellees, if liable at all, are to be held to account for all the bonds sold by Calvert, the cashier of the bank, whether their proceeds were or not applied to the uses and purposes of that institution. Such is not the case. '
The gist of the action is that the banJc, through its officers, fraudulently converted to its use and emolument certain of the appellants’ bonds, which it held on special deposit, and v that the conversion took place under such circumstances as to render the…
2Cases cited6 opinions
- Sheldon v. KibbeSupreme Court of Connecticut · 1819
- Shay v. Richmond & Lancaster Turnpike Road Co.Court of Appeals of Kentucky · 1866
- Stephens v. BrooksCourt of Appeals of Kentucky · 1867
- Elliot v. PorterCourt of Appeals of Kentucky · 1837
- Ray's administrators v. Bank of KentuckyCourt of Appeals of Kentucky · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- City of Louisville v. Hart's Admr.Court of Appeals of Kentucky · 1911
- Louisville & Nashville Railroad v. Johnson's AdministratrixCourt of Appeals of Kentucky · 1914
- Louisville & Evansville Mail Co. v. Barnes' Admr.Court of Appeals of Kentucky · 1904
- Stevenson v. YatesCourt of Appeals of Kentucky · 1919
- Collett's Guardian v. Standard Oil Co.Court of Appeals of Kentucky · 1919
7 more not listed; retrieve them via the Exa API.