Worland v. Secrest
Court of Appeals of Kentucky
Case 89 — ACTION ON NOTE. COUNTER-CLAIM FOR RESCISSION APPEAL PROM NICHOLAS CIRCUIT COURT. 1. The action should not have been transferred to equity. Kerr on Fraud and Mistake (Bump’s ed.), p. 328. 2. No fraud 'was proved. 1. The defendant was entitled under the facts and circumstances of this case to have it transferred to the equity side of the docket. Brooks v. Carneal’s Admr., Litt. Selec. Cases, 164; Cummins v. Latham, T. B. M., vol. 4, p. 103; 9 Am. & Eng.
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Case 89 — ACTION ON NOTE. COUNTER-CLAIM FOR RESCISSION APPEAL PROM NICHOLAS CIRCUIT COURT. 1. The action should not have been transferred to equity. Kerr on Fraud and Mistake (Bump’s ed.), p. 328. 2. No fraud 'was proved. 1. The defendant was entitled under the facts and circumstances of this case to have it transferred to the equity side of the docket. Brooks v. Carneal’s Admr., Litt. Selec. Cases, 164; Cummins v. Latham, T. B. M., vol. 4, p. 103; 9 Am. & Eng. Ency. of Law, 676, 677; 8 Am. & Eng. Ency. of Law (1st ed.), 651; Prewitt v. Trimble, 92 Ky., 176. 2. The defendant offered to…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion op the court.
R. H. & C. Gr. Moreman owned a patent cistern cleaner and water purifier which cleaned cisterns without taking the water out, and purified the water by means of a cylinder filled with air, let down to the bottom of the cistern, the pressure of the waier when a valve was opened in the bottom of the cylinder scouring the bottom of the cistern, and forcing the mud up into the cylinder as the air escaped. *712R. H. Moreman, going about using his cleaner and selling the right, stopped with appellee, George R. Secrest, a hotel keeper at Carlisle, Kentucky,…
2Cases cited3 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- De Witt v. BerrySupreme Court of the United States · 1890
- Van Ostrand v. ReedNew York Supreme Court · 1828
3Cited by8 opinions
- J. I. Case Threshing Machine Co. v. MattinglyCourt of Appeals of Kentucky · 1911
- Ades v. WashCourt of Appeals of Kentucky · 1923
- Crane v. WilliamsonCourt of Appeals of Kentucky · 1901
- J. I. Case Threshing Machine Co. v. DulworthCourt of Appeals of Kentucky (pre-1976) · 1926
- Smith & Nixon Co. v. MorganCourt of Appeals of Kentucky · 1913
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