Legal Opinion

Farmers Bank v. Smith

Court of Appeals of Kentucky

Decided March 2, 1899PublishedCited by 7 opinions

Case 109 — ACTION ON IMPLIED CONTRACT 1. The evidence objected to by B. R. Young, was incompetent. 2 Greenleaf on Ev., sec. 251. 2. The objection was properly taken to this evidence. Code of Practice, sec. 587; Moore v. Smith, 88 Ky., 154. 8. A corporation is not liable for services of one of its promoters for his fellow promoters. Bishop on Contracts, sec. 221; Morawetz on Corporations, sec. 234; Note to Hardware Co. v. Hardware Co., 13 Am.

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Case 109 — ACTION ON IMPLIED CONTRACT 1. The evidence objected to by B. R. Young, was incompetent. 2 Greenleaf on Ev., sec. 251. 2. The objection was properly taken to this evidence. Code of Practice, sec. 587; Moore v. Smith, 88 Ky., 154. 8. A corporation is not liable for services of one of its promoters for his fellow promoters. Bishop on Contracts, sec. 221; Morawetz on Corporations, sec. 234; Note to Hardware Co. v. Hardware Co., 13 Am. St., Rep., 28; N. & M. R. R. v. Hay., 8 Ky. Law Rep., 116; Note 26 L. R. A., 544. 4. Appellant can only be made liable in equity and upon equitable…

1Opinion of the Court

JUDGE WHITE

deliveeed ti-ie opinion of the coubt.

The appellee by this action sought to recover of appellant the sum of $500 for services rendered in organizing the bank, securing and soliciting stock, superintending the work of building, writing the articles of corporation, and various services, before, add some after, the date it commenced business. The answer is a denial of any contract, either expressed or implied, or any liability to pay, a de*818nial of the value, and an allegation that the services were rendered gratuitously by appellee. The case was tried before a jury, and resulted in a…

2Cases cited3 opinions

  1. Waddy Bluegrass Creamery Co. v. Dayis-Rankin Building & Manufacturing Co.Court of Appeals of Kentucky · 1898
  2. Morton v. Hamilton CollegeCourt of Appeals of Kentucky · 1896
  3. Oldham v. Mt. Sterling Improvement Co.Court of Appeals of Kentucky · 1898

3Cited by7 opinions

  1. Gardiner v. Equitable Office Bldg. Corp.Court of Appeals for the Second Circuit · 1921
  2. Louisville Extension Water Dist. v. SlossCourt of Appeals of Kentucky · 1951
  3. Tanner v. Sinaloa Land & Fruit Co.Utah Supreme Court · 1913
  4. Kridelbaugh v. Aldrehn Theatres Co.Supreme Court of Iowa · 1923
  5. Ramsey v. Brooke County Building & Loan Ass'nWest Virginia Supreme Court · 1926

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