First National Bank v. Boyce
Court of Appeals of Kentucky
Case 8—ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. The judgment is erroneous, because of the provisions of the ware- - house act. 2. Independent of that act, upon the principles of common law the appellant is entitled to a reversal. 3. Before the appellee can recover, he must tender to appellant, as pledgee,. the $2,994 due by him to Smyser, Milton & Co., for advances upon-the goods consigned to him.
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Case 8—ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. The judgment is erroneous, because of the provisions of the ware- - house act. 2. Independent of that act, upon the principles of common law the appellant is entitled to a reversal. 3. Before the appellee can recover, he must tender to appellant, as pledgee,. the $2,994 due by him to Smyser, Milton & Co., for advances upon-the goods consigned to him. (Ray v. Sweeney, 14 Bush, 10; 2 Strange, 1178; 4 Burrows, 2046; 5 D. & E., 604; 3 Esp., 182; 6 East, 538; 4 Rawle, 195; 3 Bing., 139; 7 East, 5; 15 Ibid, 38;. 2 Kent, 628; 6 East,…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
Appellee, a manufacturer of flax bagging in Munice,. Indiana, shipped bagging at various times to Smyser, Milton & Co., commission merchants in the city of Louisville, to be sold on his account and proceeds remitted as required. Smyser, Milton & Co. having advanced to appellee, on current account, $2,994, and having 840 rolls of the bagging unsold, placed it in the warehouse of J. W. Stine & Co., and took receipts therefor in their own name. These receipts they indorsed to appellant to secure a present loan of $3,360. Subsequent to the negotiation…
2Cases cited5 opinions
- Pool v. AdkissonCourt of Appeals of Kentucky · 1833
- Swigert & Shreve v. ThomasCourt of Appeals of Kentucky · 1838
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