Conrad Schopp Fruit Co. v. Bondurant
Court of Appeals of Kentucky
CASE 70. — ACTION BY THE CONRAD SCHOPP TRUST CO. AGAINST J. K. BONDURANT IN WHICH DEPENDANT FILED A COUNTERCLAIM — Appeal from McCracken Circuit Court. Prom a judgment dismissing without prejudice both plaintiff’s petition and defendant’s counterclaim plaintiff appeals. —
1Opinion of the Court
Opinion of the court by
Wm. Rogers Clay, Commissioner
— Affirming.
*569The appellant, Conrad Schopp Fruit Company, a corporation of St. Louis, Mo., instituted this action against the appellee, J. K. Bondurant, to recover the value of a car load of apples which it had sold and delivered to the latter. The trial court dismissed appellant’s petition, and also appellee’s counterclaim, without prejudice, and to test the propriety of the court’s ruling’ this appeal is prosecuted.
The petition was filed in the McCracken Circuit Court on April 17, 1908. Service was had upon J. K. Bondurant in time for the…
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