Legal Opinion

First National Bank v. Boyce

Court of Appeals of Kentucky

Decided September 9, 1879PublishedCited by 15 opinions

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

  1. Pool v. AdkissonCourt of Appeals of Kentucky · 1833
  2. Swigert & Shreve v. ThomasCourt of Appeals of Kentucky · 1838
  3. Greenbaum Bros. & Co. v. MegibbenCourt of Appeals of Kentucky · 1874
  4. Newcomb-Buchanan Co. v. BaskettCourt of Appeals of Kentucky · 1879
  5. Clark v. DearbornMassachusetts Supreme Judicial Court · 1869

3Cited by15 opinions

  1. Early-Foster Co. v. Mid-Tex Oil MillsCourt of Appeals of Texas · 1918
  2. Shaw v. FergusonIndiana Supreme Court · 1881
  3. White Sewing Machine Co. v. ConnerCourt of Appeals of Kentucky · 1901
  4. Anderson v. Portland Flouring Mills Co.Oregon Supreme Court · 1900
  5. Burton v. RandallCourt of Appeals of Kansas · 1896

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