Rhorer v. Middlesboro Town & Lands Co.
Court of Appeals of Kentucky
Case 19 — PETITION ORDINARY — APIU3AL FROM BELL CIRCUIT COURT. 1.The guaranty of the Middlesboro Town and Lands Co., -well known as a large, wealthy and prosperous corporation, was the direct and immediate cause of the sale of a great deal of the stock of the other corporation, and the language used in the guaranty was plain and unequivocal, and constituted an original, independent and separate undertaking as between that corporation and the purchaser of the stock.
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Case 19 — PETITION ORDINARY — APIU3AL FROM BELL CIRCUIT COURT. 1.The guaranty of the Middlesboro Town and Lands Co., -well known as a large, wealthy and prosperous corporation, was the direct and immediate cause of the sale of a great deal of the stock of the other corporation, and the language used in the guaranty was plain and unequivocal, and constituted an original, independent and separate undertaking as between that corporation and the purchaser of the stock. Marbury v. Ky. Union Land Co., 62 Federal Rep.; Hill v. Smith, 62 U. S., 113; Davis v. Wells-Fargo Co., 104 U. S., 686; Thompson…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion oe the court.
This action was brought by appellant, as receiver of the First National Bank of Middlesboro, against the Middlesboro Town and Lands Company, as successor to the Middlesboro Town Company, to recover on a guarantee made by the Middlesboro Town’ Company, to the holder of stock issued by the Investment Company of Middlesboro, the plaintiff being' the holder of thirty shares of that stock. The lower court dismissed the appellant’s petition on special and general demurrer, and we are asked to reverse that judgment.
The petition alleges that the…
2Cases cited1 opinion
- Green Bay & Minnesota Railroad v. Union Steamboat Co.Supreme Court of the United States · 1883
3Cited by5 opinions
- Williams v. Denny, Banking CommissionerCourt of Appeals of Kentucky (pre-1976) · 1931
- Kentucky Citizens Building & Loan Ass'n v. LawrenceCourt of Appeals of Kentucky · 1899
- Fidelity Trust Co. v. Louisville Gas Co.Court of Appeals of Kentucky · 1904
- Greene v. Middlesborough Town & Lands Co.Court of Appeals of Kentucky · 1905
- Groshoff v. St. Gertrude's ConventIdaho Supreme Court · 1927