Worthington v. Morris'
Court of Appeals of Kentucky
Case 15 — PETITION ORDINARY — APPEAL PROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. Counsel fees can not be recovered as part of the compensatory damages where one person’s property has been wrongfully attached for the debt of another. (1 Sedgwick on Damages, sec. 233; Pacific Ins.
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Case 15 — PETITION ORDINARY — APPEAL PROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. Counsel fees can not be recovered as part of the compensatory damages where one person’s property has been wrongfully attached for the debt of another. (1 Sedgwick on Damages, sec. 233; Pacific Ins. Co. v. Conrad, 1 Baldwin, 138; Oelrichs v. Spain, 15 Wall., 211; Flanders v. Tweed, 15 Wall., 450; Johnson v. Farmers’ Bank of Ky., 4 Bush, 286; Day v. Woodworth, 13 How., 363; Smith v. Bell, 91 Ky., 656.) 1. The seizure of one person’s property for the debt of another is a tortious act for which damages…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe the coubt.
In a former action in the Louisville Law and Equity Court Henry Worthington sued J. M. Morris, Calpernia Morris and others, and alleged that the former was indebted to him in the sum of about $4,000, evidenced by his promissory note. That said Morris had been engaged in buying and selling leaf tobacco in certain counties in this State and making shipments thereof to the firm of Brand, Branni.n & Glover, who were made defendants to the petition.
It was also alleged that in order to more effectually avoid the payment of his debts and cover up and…
2Cases cited2 opinions
- Doe v. PerkinsCourt of Appeals of Kentucky · 1847
- Smith v. Bell & Co.Court of Appeals of Kentucky · 1881
3Cited by8 opinions
- Bank of Chillicothe v. McSwainSupreme Court of South Carolina · 1912
- Farmers & Traders Tobacco Warehouse Co. v. GibbonsCourt of Appeals of Kentucky · 1900
- Crawford v. StaplesCourt of Appeals of Kentucky · 1919
- Manning v. GrinsteadCourt of Appeals of Kentucky · 1906
- Wagner v. HatcherCourt of Appeals of Kentucky · 1910
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