Turner Elkhorn Coal Co. v. Smith

Opinion op the Court1 by

Creal, Commissioner

Reversing.

There have been three former appeals of this case; the opinions being reported in 218 Ky. 503, 291 S. W. 715; 239 Ky. 428, 39 S. W. (2d) 649; and 247 Ky. 112, 56 S. W. (2d) 545, 546. Reference to those opinions saves the necessity of an extended statement of the case.

J. C. Turner and the other individual parties composing the firm of Turner-Elkhorn Coal Company entered into a contract with T. W. Smith to construct a railroad siding. Checks given by Smith to employees engaged in constructing the siding were not paid by the bank on which they…