Miller v. Gaither
Court of Appeals of Kentucky
CASE 46 — PETITION ORDINARY — APPEAL FROM HARDIN CIRCUIT COURT. CITED— Civil Code (Myers), 381; Hill and wife vs. Butler. Civil Code, secs. 161, 153. MSS. Opin., January, 1855; French vs. Saile. MSS. Opin., January, 1857; Morehead vs. Halsell. 1 J. J. M., 203 ; 6 B. Mon., 528; 3 J. J. M., 293. 4 Bibb, 569; Hendrick vs. Hendrick. 3 Met., 31-2; Robinson vs. Brights extr. 16 B. Mon., 319; "Western vs. Pollard.
Read the full summary
CASE 46 — PETITION ORDINARY — APPEAL FROM HARDIN CIRCUIT COURT. CITED— Civil Code (Myers), 381; Hill and wife vs. Butler. Civil Code, secs. 161, 153. MSS. Opin., January, 1855; French vs. Saile. MSS. Opin., January, 1857; Morehead vs. Halsell. 1 J. J. M., 203 ; 6 B. Mon., 528; 3 J. J. M., 293. 4 Bibb, 569; Hendrick vs. Hendrick. 3 Met., 31-2; Robinson vs. Brights extr. 16 B. Mon., 319; "Western vs. Pollard. Chitty on Contracts, 396, 400, note 1. 1 Met., 438; Woodcock vs. Farr el.
1Opinion of the Court
JUDGE ROBERTSON
delivered the opinion oe the court:
In an action by the appeilee against the appellant on a promissory note for seven hundred dollars, dated October 1st, 1864, the appellant answered that the only consideration of the note was a sale by the appellee to him of a slave, Henry, sold and bought only for a substitute of the appellant, who had been drafted as a soldier into the military service of the Federal army; that Henry, not being present or seen at the time of the trade, was represented by the vendor as suitable for a substitute; that the vendor not only guaranteed the…
2Cases cited1 opinion
- Culver v. BlakeCourt of Appeals of Kentucky · 1846
3Cited by8 opinions
- Barnard v. NapierCourt of Appeals of Kentucky · 1916
- Glover Machine Works v. Cooke-Jellico Coal Co.Court of Appeals of Kentucky · 1917
- Estell v. MyersMississippi Supreme Court · 1876
- Church v. Wright Machine Co.Court of Appeals of Kentucky · 1920
- Williams v. ShepherdCourt of Appeals of Kentucky · 1918
3 more not listed; retrieve them via the Exa API.