Chenault v. Bush
Court of Appeals of Kentucky
Case 72 — PETITION EQUITY APPEAL PROM MONTGOMERY CIRCUIT COURT. 1. Appellee’s claim, if he has any, is not against the firm of Stevenson & Williams, but it is against James G. Williams and W. D. Stevenson as individuals, and he must look to their individual assets respectively for contribution.
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Case 72 — PETITION EQUITY APPEAL PROM MONTGOMERY CIRCUIT COURT. 1. Appellee’s claim, if he has any, is not against the firm of Stevenson & Williams, but it is against James G. Williams and W. D. Stevenson as individuals, and he must look to their individual assets respectively for contribution. (Northern Bank of Ky. v. Keiser, 2 Duv., 169; Whitehead v. Ohadwell, Ibid., 432.) 2. It is alleged, and not denied, that the firm name of Stevenson & Williams, if signed at all to the note sought to be used as a set-off, was signed without authority of both members of said firm. This is a special plea…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion oe the court.
On tlie 18th. of December, 1882, J. Gh Williams and W. D. Stevenson, as partners, trading under the firm name of Williams & Stevenson, sold to the appellee, V. W. Bush, several pieces of property. Appellee executed to the said firm several notes for said pieces of property, due and payable at short intervals of time. Among the property thus bought were four mules, four sets of harness, one log wagon and chains, at the price of $590, for which appellee executed his note, due and payable thirteen days after date. Shortly after this, transaction,…
2Cases cited1 opinion
- Walker v. McKayCourt of Appeals of Kentucky · 1859
3Cited by11 opinions
- Green v. ConradSupreme Court of Missouri · 1893
- Kentucky Flour Company's Assignee v. Merchants' National BankCourt of Appeals of Kentucky · 1890
- Central Appalachian Co. v. BuchananCourt of Appeals for the Sixth Circuit · 1898
- Dickenson v. CharlesSupreme Court of Virginia · 1939
- Laybourn v. SeymourSupreme Court of Minnesota · 1893
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