Legal Opinion

Fidelity Trust Co. v. Louisville Gas Co.

Court of Appeals of Kentucky

Decided June 18, 1904PublishedCited by 7 opinions

Case 74 — Suit between the Fidelity Trust Company and others and the Louisville Gas Co. and between George M. Boons and tiie Same Defendant as to the Right of the Defendant Gas Co. to Guaranty Certain Bonds of the Louisville Lighting Co. APPEAL FROM JFFFERSON CIRCUIT COURT CHANCERY DIVISION, NO. 2 — ' SAMUEL B. KIRBY, judge. From the Judgments Plaintiffs Appeal.

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Case 74 — Suit between the Fidelity Trust Company and others and the Louisville Gas Co. and between George M. Boons and tiie Same Defendant as to the Right of the Defendant Gas Co. to Guaranty Certain Bonds of the Louisville Lighting Co. APPEAL FROM JFFFERSON CIRCUIT COURT CHANCERY DIVISION, NO. 2 — ' SAMUEL B. KIRBY, judge. From the Judgments Plaintiffs Appeal. POINTS. 1. The endorsement proposed to he placed upon the bonds of the Louisville Lighting Company by the Louisville Gas Company as to the agreement to pay the principal of the bonds is not a guaranty in any sense of the word, hut…

1Opinion of the Court

'Opinion of the court by

JUDGE PAYNTER

Affirming.

The matter in controversy is as to the right of the Louisville Gas Company to guaranty certain bonds of the Louisville Lighting Company, which the first named company owns. The Louisville Gas Company was chartered by an act of the Legislature approved March 16, 1888. There are two acts amendatory of its charter — one approved April *59126, 1890, and the other May 3, 1890. By the charter the gas company’s capital stock may be $4,000,000, and all of it has been sold, except $400,000. So it will be seen that its capital stock is $3,600,000. Previous to…

2Cases cited8 opinions

  1. Montclair v. RamsdellSupreme Court of the United States · 1883
  2. Railroad Co. v. HowardSupreme Court of the United States · 1869
  3. Green Bay & Minnesota Railroad v. Union Steamboat Co.Supreme Court of the United States · 1883
  4. Merchants' National Bank v. Citizens' Gas Light Co.Massachusetts Supreme Judicial Court · 1893
  5. Underhill v. Santa Barbara Land, Building, & Improvement Co.California Supreme Court · 1892

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3Cited by7 opinions

  1. Indiana Union Traction Co. v. ScribnerIndiana Court of Appeals · 1911
  2. Alley v. Butte & Western Mining Co.Montana Supreme Court · 1926
  3. Taylor Feed Pen Co. v. Taylor Nat. BankCourt of Appeals of Texas · 1915
  4. Schumacher v. the Sumner Tele. Co.Supreme Court of Iowa · 1913
  5. Pollitz v. Michigan Railroad CommissionMichigan Supreme Court · 1919

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