Bullock v. Falmouth & Chipman Hall Turnpike Road Co.
Court of Appeals of Kentucky
Case 27 — PETITION OEDINAKY APPEAL EROM PENDLETON CIRCUIT COURT. 1. The appellant is not liable, as it is neither alleged nor proved that he subscribed the amount sued for. Nothing more is shown than a mere verbal promise to subscribe upon certain conditions which have never been complied with, and that promise made at a time when there was no corporation or association in existence that could contract with appellant.
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Case 27 — PETITION OEDINAKY APPEAL EROM PENDLETON CIRCUIT COURT. 1. The appellant is not liable, as it is neither alleged nor proved that he subscribed the amount sued for. Nothing more is shown than a mere verbal promise to subscribe upon certain conditions which have never been complied with, and that promise made at a time when there was no corporation or association in existence that could contract with appellant. Such a promise is not binding, and none of the cases hold that it is. (Twin Creek and Colemansville Turnpike Road Co. v. Renaker, 3 Ky. Law Rep., 368, and authorities cited;…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The appellant and others, believing that the construction of a turnpike road from Falmouth to Chipman Hall, in Pendleton county, would be beneficial to their private interest, as well as that of the public, agreed to incorporate themselves, under chapter 56 of the General Statutes, into a company, for the purpose of constructing the road. Pursuant' to this agreement, articles of incorporation were drawn up and signed and acknowledged by appellant and others. The company was organized thereunder as “The Falmouth and Chipman Hall Turnpike Road…
2Cases cited1 opinion
- Hart v. HaydenCourt of Appeals of Kentucky · 1881
3Cited by9 opinions
- Stone v. Monticello Construction Co.Court of Appeals of Kentucky · 1909
- Williamson v. Stafford, Etc.Court of Appeals of Kentucky (pre-1976) · 1945
- Hatcher-Powers Shoe Co. v. HitchensCourt of Appeals of Kentucky (pre-1976) · 1929
- Chicago Bldg. & Mfg. Co. v. PetersonCourt of Appeals of Kentucky · 1909
- Degnan v. NowlinCourt Of Appeals Of Indian Territory · 1904
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