Aultman & Taylor Co. v. Meade
Court of Appeals of Kentucky
Case 30. —ACTION BY THE AULTMAN & TAYLOR CO. AGAINST JAMES M. MEADE AND OTHERS TO ENFORCE A MORTGAGE LIEN ON A STEAM SAWMILL.— Appeal from Letcher Circuit Court. C. W. Metcalf, Special Judge. Judgment for defendants. Plaintiff appeals. POINTS AND AUTHORITIES. 1. Defendant consented to the sale of the machinery mentioned in proof and are thereby estopped to claim damages against plaintiff ;on account of said sale. '(Am. & Eng.
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Case 30. —ACTION BY THE AULTMAN & TAYLOR CO. AGAINST JAMES M. MEADE AND OTHERS TO ENFORCE A MORTGAGE LIEN ON A STEAM SAWMILL.— Appeal from Letcher Circuit Court. C. W. Metcalf, Special Judge. Judgment for defendants. Plaintiff appeals. POINTS AND AUTHORITIES. 1. Defendant consented to the sale of the machinery mentioned in proof and are thereby estopped to claim damages against plaintiff ;on account of said sale. '(Am. & Eng. Ency. of Law, vol. 11, p. 428; Mechem on Agency, sec. 156; LaFitte v. Godchaux, 35 La. Ann., 1161; Herman on Estoppel, vol. 2, p. 1194, sec. 1063, Ed'. 1886; Story’s…
1Opinion of the Court
Opinion by
Judge O’Rear
Affirming.
In October, 1883, appellant sold to appellees a steam sawmill for $1,900. They paid $305 cash, and executed notes for $1,595, secured, by mortgage on the mill and fixtures and on certain real estate in Letcher county. Appellees having made default in certain of the payments when they became due, appellant elected to treat all of the notes due, as it was provided in the mortgage it might do. Thereupon appellant sent the notes to its attorney at Prestonbnrg for collection and for enforcement of the mortgage lien. Before the suit was filed the attor*244ney procured…
2Cases cited6 opinions
- Waite v. DennisonIllinois Supreme Court · 1869
- Williams v. GilchristCourt of Appeals of Kentucky · 1813
- Aultman & Taylor Co. v. MeadCourt of Appeals of Kentucky · 1901
- Selden v. PrestonCourt of Appeals of Kentucky · 1874
- O'Bannon's Administrator v. O'BannonCourt of Appeals of Kentucky · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Stone v. WhiteSupreme Court of the United States · 1937
- Harper v. Interstate Brewery Co.Oregon Supreme Court · 1941
- Peterson v. Kansas City Life InsuranceSupreme Court of Missouri · 1936
- Biddle v. National Old Line Insurance CompanyCourt of Appeals of Texas · 1974
- Fry Bros. v. TheoboldCourt of Appeals of Kentucky · 1924
21 more not listed; retrieve them via the Exa API.