First National Bank v. D. Kiefer Milling Co.
Court of Appeals of Kentucky
Case 17 — PETITION EQUITY APPEAL FROM KENTON CHANCERY COURT. 1. The bank was entitled to an attachment under the second subdivision, of sec. 194 of Civil Code. (Burdett v. Phillips & Bro., 78 Ky., 246; Francis v. Burnett, 84 Ky., 80.) 2. A deed of assignment does not convey even an equitable title until lodged for record.
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Case 17 — PETITION EQUITY APPEAL FROM KENTON CHANCERY COURT. 1. The bank was entitled to an attachment under the second subdivision, of sec. 194 of Civil Code. (Burdett v. Phillips & Bro., 78 Ky., 246; Francis v. Burnett, 84 Ky., 80.) 2. A deed of assignment does not convey even an equitable title until lodged for record. (Gen. Stats., chap. 24, sec. 10.) 3. The alleged deed of assignment was inoperative while it remained in Graziani’s pflice, because whether it should ever operate or not was to depend upon events to occur or to be ascertained thereafter. (Ware v. Allen, 128 U. S., 590.) 4.…
1Opinion of the Court
JHDGE LEWIS
delivered the opinion of the court.
Prior to December, 1888, “ The D. Kiefer Milling Company,” incorporated under chapter 56, General Statutes, of which D. Kiefer was president and principal stockholder, had done a large and apparently profitable business; but by reason of the fraudulent conduct of George M. Kiefer, son of the president and secretary of the company, in discounting and receiving from The First National Bank proceeds, amounting to a large sum, of drafts purporting to have been drawn by the company, with which he fled the State, it was rendered insolvent; and December…
2Cases cited2 opinions
- Francis v. BurnettCourt of Appeals of Kentucky · 1886
- Burdett v. Phillips & Bro.Court of Appeals of Kentucky · 1880
3Cited by8 opinions
- Bell & Coggeshall Co. v. Kentucky Glass Works Co.Court of Appeals of Kentucky · 1899
- American Southern National Bank v. SmithCourt of Appeals of Kentucky · 1916
- Urban J. Alexander Co. v. TrinkleCourt of Appeals of Kentucky (pre-1976) · 1949
- Wilson, Banking Com'r v. Louisville Trust Co.Court of Appeals of Kentucky (pre-1976) · 1932
- Planters' Cotton Oil Co. v. Guaranty State Bank of MertensCourt of Appeals of Texas · 1916
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