Cooper v. McKee
Court of Appeals of Kentucky
Case 36. — ACTION BY K. R. 'McKEE, &c., AGAINST J. E. COOPER AND OTHERS TO ENFORCE A MORTGAGE LIEN ON HORSES. Appeal from Trigg Circuit Court. Tecos. P. Cook, Circuit Judge. Judgment for plaintiff. Defendant Cooper appeals.
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Case 36. — ACTION BY K. R. 'McKEE, &c., AGAINST J. E. COOPER AND OTHERS TO ENFORCE A MORTGAGE LIEN ON HORSES. Appeal from Trigg Circuit Court. Tecos. P. Cook, Circuit Judge. Judgment for plaintiff. Defendant Cooper appeals. STATEMENT AND POINTS RELIED ON BY APPELLANT. 1. The failure of the plaintiff to sufficiently allege a promise to pay, or to allege any promise at all, makes' his petition fatally defective as to defendant Pool, and this defect inures to the benefit of his co-defendant, J. E. Cooper. (Creech v. Abner, 106 Ky., 239, 20 Ky. Law Rep., 1812, and cases cited.) 2. 'By the…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Affirming.
K. R. McKee and W. H. Pool, previous to July 23, 1903, were partners in a livery stable at Cadiz, Ky. On that day McKee sold out to Pool for $1,250, and took five notes, each for $250, payable in 6, 9, 12, 15, and 18 months, secured by a mortgage on the horses and vehicles in the livery stable. Pool did not pay his notes, and McKee, on September 22, 1904, filed this suit against him and J. E. Cooper, to whom Pool had sold three of the mortgaged horses. The court enforced the mortgage, adjudging that Cooper took no title to the three horses sold him.…
2Cases cited2 opinions
- Woodward v. JewellSupreme Court of the United States · 1891
- Creech v. AbnerCourt of Appeals of Kentucky · 1899
3Cited by8 opinions
- Bramley v. StateSupreme Court of Georgia · 1939
- Enterprise Foundry & MacHine Works v. Miners' Elkhorn Coal Co.Court of Appeals of Kentucky (pre-1976) · 1931
- Fannin v. Commercial Credit Corp.Court of Appeals of Kentucky · 1952
- Croghan v. Savings Trust Co.Missouri Court of Appeals · 1935
- Ashland Finance Co., Inc. v. MollettCourt of Appeals of Kentucky (pre-1976) · 1934
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