Legal Opinion

Downing v. Bacon

Court of Appeals of Kentucky

Decided May 26, 1870PublishedCited by 4 opinions

Case 75 — PETITION ORDINARY APPEAL PROM JEFFERSON COURT OF COMMON PLEAS. CITED 5 Bush, 596, Bacon, Mcdardy & Go. v. Hutchings, Duncan & Co. 2 Metcalfe, 525, Daniel v. Toney. 4 Bush, 19, Hikes v. Crawford.

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Case 75 — PETITION ORDINARY APPEAL PROM JEFFERSON COURT OF COMMON PLEAS. CITED 5 Bush, 596, Bacon, Mcdardy & Go. v. Hutchings, Duncan & Co. 2 Metcalfe, 525, Daniel v. Toney. 4 Bush, 19, Hikes v. Crawford. Civil Code, sections 161, 685, 871, 864. Act of January 26, 1866, Session Acts, 1865-6, page 16. Story on Partnership, section 184, page 223. 2Car. & P. 325, Loyd v. Freshfield. 1 Sun. 376, Bevan v. Lewis. 15 Eastman, 7, Emly v. Lye. 6 Cowen, 497, Jaques v. Marquam. 1 Day, 148, note, Mead v. Tomlinson. 2 Pet. 186, 198, Leroy v. Johnson. 3 Indiana, 177, Eoley v. Robards. 8 Metcalf…

1Opinion of the Court

JUDGE HARDIN

delivered the opinion op the court.

This case is now for the second time before this court, a judgment dismissing the petition as to the appellant Downing having been reversed and the cause remanded for a new trial at the summer term, 1869 (5 Bush, 595), and a second trial in the court below having resulted in a judgment against the appellant and others for $4,060.04, from which this appeal is prosecuted.

As stated in the former opinion of this court, the firm of Downing & Duncan was dissolved on the 8th day of February, 1865, having on hand several hogsheads of tobacco belonging to…

2Cases cited2 opinions

  1. Bailey v. VillierCourt of Appeals of Kentucky · 1869
  2. Bacon, McClardy & Co. v. Hutchings, Duncan & Co.Court of Appeals of Kentucky · 1869

3Cited by4 opinions

  1. Johnson v. StiversCourt of Appeals of Kentucky · 1893
  2. Life and Casualty Company of Tennessee v. HendonCourt of Appeals of Kentucky (pre-1976) · 1925
  3. Longest v. TylerCourt of Appeals of Kentucky · 1876
  4. Million v. JohnsonCourt of Appeals of Kentucky · 1932

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