Kentucky Citizens Building & Loan Ass'n v. Lawrence
Court of Appeals of Kentucky
Case 8 — ACTION ON CONTRACT — APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. The appellant company did not assume the guarantees of the Kentucky Building & Loan Association, but merely took its assets and agreed to* manage them and mature the stock. 2. There is no substantial difference between the companies as to the contract and if the written evidence of the contract does not express the true agreement, evidence is competent to show the actual agreement.…
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Case 8 — ACTION ON CONTRACT — APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. The appellant company did not assume the guarantees of the Kentucky Building & Loan Association, but merely took its assets and agreed to* manage them and mature the stock. 2. There is no substantial difference between the companies as to the contract and if the written evidence of the contract does not express the true agreement, evidence is competent to show the actual agreement. 3. It is competent to -allege and prove facts tending to elucidate a latent ambiguity in the contract. Wilson v.…
1Opinion of the Court
JUDGE HOBSON
delivebed the opinion of the cooet.
These three cases involve the same facts and will be disposed of together. Appellees took paid-up stock in the Kentucky Building & Loan Association under its by-laws, which allowed withdrawing members, who held paid-up stock, not Jess than 8 per cent, per annum, if their money was withdrawn before two years from the date of subscription; not less than 10 per cent, per annum, if it was withdrawn after two years, and before four years, from *91date of subscription; and not less than 12 per cent, per annum, if withdrawn after four years, and before…
2Cases cited2 opinions
- Thorington v. SmithSupreme Court of the United States · 1869
- Rhorer v. Middlesboro Town & Lands Co.Court of Appeals of Kentucky · 1898
3Cited by8 opinions
- Scott v. SpurrCourt of Appeals of Kentucky · 1916
- Prussian National Insurance v. TerrellCourt of Appeals of Kentucky · 1911
- Rosa v. NavaCourt of Appeals of Kentucky (pre-1976) · 1930
- Greene v. Middlesborough Town & Lands Co.Court of Appeals of Kentucky · 1905
- Caperton v. ClarkeCourt of Appeals of Kentucky · 1924
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