Farmer v. Gregory
Court of Appeals of Kentucky
Case 96 — PETITION ORDINARY — APPEAL FROM FRANKLIN CIRCUIT COURT. 1. The object of the act of 1869 in regard to warehousemen is to prevent-frauds and protect innocent purchasers.
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Case 96 — PETITION ORDINARY — APPEAL FROM FRANKLIN CIRCUIT COURT. 1. The object of the act of 1869 in regard to warehousemen is to prevent-frauds and protect innocent purchasers. (See 13 Bush,"page 509.) 2. The court erred in permitting appellee Stagg to construe the written contract or to give his understanding of what it meant. 3. The written agreement between the parties authorized Taylor to sell the whisky in controversy to Farmer. 4. Authority to sell the whisky carries with it authority to deliver the whisky or its equivalent, a receipt. 5. The effect of the instructions was equivalent…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
Many of the assignments of error will not be considered, because not presented to the court below in the grounds tendered on the motion for a new trial. It is Pnly necessary to consider the instructions given, with an incidental reference to the ruling of the court upon the rejection and admission of evidence.
Instruction number five, given by the court below, requires, as a condition precedent to the liability of Gregory ■& Stagg, first, that the jury shall find that Gregory & Stagg ■authorized Taylor to sell the whisky, and second, that Gregory &…
2Cases cited1 opinion
- Castleman v. Southern Mutual Life Ins.Court of Appeals of Kentucky · 1878
3Cited by8 opinions
- Conrad v. FisherMissouri Court of Appeals · 1889
- Cohen v. JackoboiceMichigan Supreme Court · 1894
- Kidd v. HuffSupreme Court of Georgia · 1898
- Citizens Trust & Guaranty Co. v. Farmers BankCourt of Appeals of Kentucky · 1915
- Lanham v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1905
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