Legal Opinion

Fible v. Crabb

Court of Appeals of Kentucky

Decided September 25, 1908PublishedCited by 3 opinions

CASE 47. — ACTION BY SARAH FIBLE AGAINST W. L. CRABB. ' ON NOTES EXECUTED BY DEFENDANT TO HER. DECEASED FATHER AND ASSIGNED TO HER BY HER FATHER’S ADMINISTRATRIX. — September 25. Appeal from Henry Circuit Court. E. F. Peak, Circuit Judge. Judgment for defendant.

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CASE 47. — ACTION BY SARAH FIBLE AGAINST W. L. CRABB. ' ON NOTES EXECUTED BY DEFENDANT TO HER. DECEASED FATHER AND ASSIGNED TO HER BY HER FATHER’S ADMINISTRATRIX. — September 25. Appeal from Henry Circuit Court. E. F. Peak, Circuit Judge. Judgment for defendant. Plaintiff appeals — points and authorities. 1. A discharge in bankruptcy under the Act of 1898, does not bar a creditor who is not named in the schedule, whose residence is not given, if known, or if unknown so stated, who has had no notice and who had no actual knowledge of the proceedings'. (U. S. Comp. Statutes, sec. 7, p. 3425; U.…

1Opinion of the Court

Opinion of the Court by

Chief Justice O’Rear—

Reversing.

W. L. Crabb and D. M. Fible were partners in a whisky distillery in the 70’s and later. They incorporated their business, the stock to have issued equally to each of them; but before the shares were actually *463issued and delivered D. M. Fible died. By his will he bequeathed the stock to his widow, Harriett Fible. Certificates were subsequently issued to her by the corporation, and delivered by Crabb. Later she sold her shares to appellee, Crabb, for about $15,000, about $12,000 of which was deferred and represented by certain notes now sued…

2Cited by3 opinions

  1. Van Denburgh v. GoodfellowCalifornia Supreme Court · 1941
  2. Dill v. HamiltonCalifornia Court of Appeal · 1946
  3. Oliver v. KroppDistrict Court of Appeal of Florida · 1962

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