Douglas v. People's Bank
Court of Appeals of Kentucky
Case 27 — PETITION EQUITY APPEAL EROM LOUISVILLE CHANCERY COURT. Í. A money judgment in an equitable action toehforce a lien is not allowable unless there is a clear equitable jurisdiction at the beginning of the action and subsequent circumstances render it impossible to give equitable relief. (St. Clair v. Cox, 106 II. S.,'851; D’Arcy v. Ketchum 11 How., 137.) '2. The receiver being an officer of the court can not be sued without its leave.
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Case 27 — PETITION EQUITY APPEAL EROM LOUISVILLE CHANCERY COURT. Í. A money judgment in an equitable action toehforce a lien is not allowable unless there is a clear equitable jurisdiction at the beginning of the action and subsequent circumstances render it impossible to give equitable relief. (St. Clair v. Cox, 106 II. S.,'851; D’Arcy v. Ketchum 11 How., 137.) '2. The receiver being an officer of the court can not be sued without its leave. (Barton v. Barbour, 104 H. S., 126.) ■3. A bill of lading is not negotiable. It passes by delivery, but confers no better title on the assignee than…
1Opinion of the Court
JUDGE BENNETT
deliverbd the opinion oe the court.
The appellee brought suit in the Louisville Chancery Court against the appellant and the firm of Moise, Barbour & Co., partners in the grain business, in the city of Louisville. The appellee sought by the suit to recover judgment against the firm of Moise, Barbour. & Co. on a note for five thousand dollars, which the firm executed to the appellee. The appellee also sought to-recover judgment against the appellant for the value-of corn and rye, the title to which was evidenced by six bills of lading, executed by the appellant as a common carrier,…
2Cases cited1 opinion
- Petitt & Co. v. First National BankCourt of Appeals of Kentucky · 1868
3Cited by12 opinions
- Northwestern Portland Cement Co. v. Atlantic Portland Cement Co.California Supreme Court · 1917
- Island Pond National Bank v. LacroixSupreme Court of Vermont · 1932
- Commercial Bank v. HurtSupreme Court of Alabama · 1892
- Scottsville Oil Co. v. Dye Bros.Court of Appeals of Kentucky · 1924
- Hawkins v. Alfalfa Products Co.Court of Appeals of Kentucky · 1913
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