Herman Goepper & Co. v. Phoenix Brewing Co.
Court of Appeals of Kentucky
Case 85 — Action by Herman Goepper & Co. against the Phoenix Brewing Co. to Recover the Amount oe Three Notes, and for an Attachment against Defendant’s Property. APPEAL FROM JEFFERSON CIRCUIT COURT. CHANCERY DIVISION. Judgment for Defendant and Plaintiffs Appeal.
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Case 85 — Action by Herman Goepper & Co. against the Phoenix Brewing Co. to Recover the Amount oe Three Notes, and for an Attachment against Defendant’s Property. APPEAL FROM JEFFERSON CIRCUIT COURT. CHANCERY DIVISION. Judgment for Defendant and Plaintiffs Appeal. POINTS AND AUTHORITIES. 1. Under section 194, subsection G of the lOivil Code, the value at which defendant’s property would sell under execution -is the true criterion in estimating whether it has .enough subject to execution to satisfy the claim. Powell v. 'Cummins!, 7 Ky. La¡w Rep., 361; Gray v. Robinson, 9 Ky. Law Rep., 766;…
1Opinion of the Court
*714Opinion of the court by
JUDGE O’REAR
Reversing.
Appellee was indebted to appellants in the sum of $11,-000, besides interest, evidenced by five notes for $2,200 each, all dated October 1, 1894, and maturing, the first one 11 months after date, the others at intervals of one each year thereafter. They were secured by collateral, 11 bonds of $1,000 each, which were secured by a third mortgage on appellee’s brewery. These 11 bonds were of a series, representing $94,900, issued to a trustee for debts owing by appellee. There was a first mortgage of $50,000, and a second mortgage of $100,000.…
2Cases cited12 opinions
- Union Bank of Georgetown v. LairdSupreme Court of the United States · 1817
- Taylor v. BeckhamCourt of Appeals of Kentucky · 1900
- Bank of Kentucky v. Vance's AdministratorsCourt of Appeals of Kentucky · 1823
- Craddock v. RiddlesbargerCourt of Appeals of Kentucky · 1834
- McBurnie v. OverstreetCourt of Appeals of Kentucky · 1847
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- National Bank of Kentucky v. GallagherCourt of Appeals of Kentucky (pre-1976) · 1932
- Jones-Noland Drilling Co. v. BixbyNew Mexico Supreme Court · 1929
- Calinet v. Hare & Chase of Atlanta Inc.Court of Appeals of Georgia · 1927
- Cannon Ball Cab & Bus Co. v. Maryland Casualty Co.Court of Appeals of Kentucky (pre-1976) · 1936
- Walker v. Grayson County State BankCourt of Appeals of Kentucky (pre-1976) · 1931