Brooks, Waterfield & Co. v. Staton's adm'r
Court of Appeals of Kentucky
Case 32 — EQUITY APPEAL FROM BRACKEN CHANCERY COURT. 1. The facts do not show that Wiley contemplated insolvency. He was doing precisely what he contracted to do, and was not insolvent. : 2. The tobacco may be regarded as having been set apart for the particular purpose of the contract between appellants and Wiley, and as soon as appellants took possession of it their lien was complete, and superior to that of appellees.
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Case 32 — EQUITY APPEAL FROM BRACKEN CHANCERY COURT. 1. The facts do not show that Wiley contemplated insolvency. He was doing precisely what he contracted to do, and was not insolvent. : 2. The tobacco may be regarded as having been set apart for the particular purpose of the contract between appellants and Wiley, and as soon as appellants took possession of it their lien was complete, and superior to that of appellees. (Whitehead vs. Woodruff, 11 Bush, 1214; Whitaker v. Garnett, 3 Bush, 411; Thompson v. Heffner, 11 ■lb., 361; Bard v. Stewart, 3 Mon., 72; 51 Ala., 337; 2 Paine’s U. S. C. C.,…
1Opinion of the Court
■JUDGE HINES
delivered the opinion op the court.
Appellants, commission merchants in Cincinnati, Ohio, :and as such, dealers in leaf- tobacco, advanced to J. N. Wiley, of Bracken county, Kentucky, a certain sum of money, upon an agreement that Wiley would purchase ■tobacco, prize and ship it to appellants, who were to sell *175the same on commission, and out of the proceeds indemnify themselves for advances. Under this agreement, tobacco was purchased by Wiley, and some shipments made 'to appellants; but Wiley having received $1,290 more than •appellants had realized on the tobacco shipped, the…
2Cases cited3 opinions
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Thompson v. Heffner's executorsCourt of Appeals of Kentucky · 1875
- Whitaker v. GarnettCourt of Appeals of Kentucky · 1867
3Cited by9 opinions
- Elliott v. SaufleyCourt of Appeals of Kentucky · 1889
- Lexington Brewing Co. v. HamonCourt of Appeals of Kentucky · 1913
- Cincinnati Tobacco Warehouse Co. v. Leslie & Whittaker's TrusteeCourt of Appeals of Kentucky · 1904
- Hoffman v. BrungsCourt of Appeals of Kentucky · 1885
- McCutcheon & Co. v. Caldwell & SonCourt of Appeals of Kentucky · 1890
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