W. H. Carsey & Co. v. Farmer
Court of Appeals of Kentucky
Case 99 — Action by Farmer & Davis against W. H. Cabsey & Co. to Enforce a Mortgage Lien on Land. APPEAL FROM CALLOWAY CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. In this action ion a mortgage debt for $433 which is admitted in the answer, a counterclaim or set off for damages is plead-eS for $2,780, and judgment asked for the residue $2,347; to ■some of which claim demurrers were sustained.
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Case 99 — Action by Farmer & Davis against W. H. Cabsey & Co. to Enforce a Mortgage Lien on Land. APPEAL FROM CALLOWAY CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. In this action ion a mortgage debt for $433 which is admitted in the answer, a counterclaim or set off for damages is plead-eS for $2,780, and judgment asked for the residue $2,347; to ■some of which claim demurrers were sustained. Under the rule that the pleading should be construed most strongly against the pleader, they simply mean that the appellees seek judgment by way of set off for $702.50 instead of $2,780,…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON
Reversing.
W. H. Carsey & Co., are tobacco warehousemen at Clarksville, Tenn. Farmer & Davis are tobacco dealers at Murray, Ky. In the year 1899, Farmer & Davis shipped their tobacco to Carsey & Co., the latter making them advances from time to time thereon, to secure which Davis executed to them a mortgage on a tract of land owned by him. When the tobacco was all sold there was a balance, as shown by the books of Carsey & Co., due them from Farmer & Davis of *829$433, and, it not having been paid, they instituted this suit to recover the money and enforce the…
2Cited by2 opinions
- First Nat. Bank of Gorman v. MangumCourt of Appeals of Texas · 1917
- Klein v. Citizens Union Nat. BankCourt of Appeals of Kentucky (pre-1976) · 1940