Legal Opinion

Garvin & Co. v. Mobley

Court of Appeals of Kentucky

Decided December 12, 1866PublishedCited by 6 opinions

CASE 16 — PETITION EQUITY APPEAL PROM HICKMAN CIRCUIT COURT. CITED— 1 Duvall, 280 ; Hubble vs. Murphy. 1 Root, 87; Babcock vs. Steelman. 5 Cranch, 351; Moss vs. Riddle. 2 Metcalfe, 608; Millett vs. Parker. 9 B. Monroe, 561; Fitzhugh's heirs vs. Tyler. 2 Starkie on Ev., 17. CITED— 4 Metcalfe, 78; Bivins vs. Helsley. 6 B. Mon., 141; McGrath vs. Balsen.

1Opinion of the Court

JUDGE HARDIN

delivered the opinion of the court :

C. R. Mobley, J. B. Morris, and J. J. Bane, who were partners in the business of merchandising, under the style of C. R. Mobley & Co., by their promissory note, dated the 6th day of October, 1852, agreed to pay to G. Kimberlin & Co. one thousand dollars twelve months thereafter; and Kimberlin & Co. assigned the note to the appellants, Wm. Garvin & Co.

It appears from the record that the firm of C. R. Mobley & Co. were also indebted to various other persons; and, on the 9th day of March, 1853, said C. R. Mobley, by agreement with Morris and Bane,…

2Cited by6 opinions

  1. Poynter v. SmithCourt of Appeals of Kentucky (pre-1976) · 1942
  2. Whitaker v. CrutcherCourt of Appeals of Kentucky · 1869
  3. Peal v. Cairo National BankCourt of Appeals of Kentucky · 1915
  4. Smith v. SpraginsCourt of Appeals of Kentucky · 1900
  5. Owsley v. WilliamsCourt of Appeals of Kentucky · 1874

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