Thomas v. Kerr
Court of Appeals of Kentucky
CASE 40 — PETITION ORDINARY — APPEAL FROM BOURBON CIRCUIT COURT. CITED— ■ Slory on Agency, sec. 421, pp. 526, 527.' 3 Johns. Gh’y R., 167, 178; Gray vs. Murray. 11 Ad. Sf Ell., 589; Freeman vs. Lodcr. Dunlap's Daley on Agency, note, p. 175; lb., 324, and notes. 13 East., 274 ; Routh vs. Thompson. » CITED— Chitty on Contracts, 212. Hare Sy Wallace's Am. Leading Cases, 420. Story on Agency, sec. 251, 3¿i ed. 6 Manning ¿y Granger, 236; Wilson vs. Freeman.
Read the full summary
CASE 40 — PETITION ORDINARY — APPEAL FROM BOURBON CIRCUIT COURT. CITED— ■ Slory on Agency, sec. 421, pp. 526, 527.' 3 Johns. Gh’y R., 167, 178; Gray vs. Murray. 11 Ad. Sf Ell., 589; Freeman vs. Lodcr. Dunlap's Daley on Agency, note, p. 175; lb., 324, and notes. 13 East., 274 ; Routh vs. Thompson. » CITED— Chitty on Contracts, 212. Hare Sy Wallace's Am. Leading Cases, 420. Story on Agency, sec. 251, 3¿i ed. 6 Manning ¿y Granger, 236; Wilson vs. Freeman. English Common Law Reports, 46. 16 Common Bench R., 81. Story on Sales, 129, and cases cited; lb., 482. Pothicr on Obligations, s. p. 31. 22…
1Opinion of the CourtChief Justice Peters
This is rather an interesting case, both on account of the novelty of the facts and of the legal questions arising thereon.
R. B. Hutchcraft, as the executor of his father, had a. public sale of the testator’s effects on the 15th of June, 1867. After the commencement of the sale, and before its termination, appellant, with the consent of Hutch-craft, presented, through the auctioneer who was conducting the sale for Hutchcraft, a mare and mule colt for sale. It was not proclaimed that they were not the property of Hutchcraft, and it does not appear that any one, except himself and appellant,…
2Cited by3 opinions
- Martin v. MathisCourt of Appeals of Kentucky · 1919
- Barker v. KeownAppellate Court of Illinois · 1896
- Hawkins v. WindhorstSupreme Court of Kansas · 1912