Reversing. The action of the court sustaining a demurrer and dismissing the petition is to be reviewed. The Commonwealth Life Insurance Company, on March 17, 1921, issued and delivered to William Yutz a policy insuring his life in the sum of $5,000 payable to Mary M. Yutz, his wife. The annual premium was $218.60, which he paid for a period of twelve years, up to March 17, 1933. On this date he executed four notes for the annual premium for the year beginning that date. One of them matured June...
Affirming. Between 7:30 and 8 o'clock p. m., on August 1, 1935, the appellant and defendant below, Homer Young, a colored man about 38 years of age, shot and killed Enoch Beeler, a white man who was his senior, and which occurred at the corner of Exeter avenue and Twentieth street in the city of Middlesboro, in Bell county, Ky. A special term of the Bell circuit court was called to investigate the occurrence, and the grand jury returned an indictment against defendant on the 12th day of that...
Affirming. Dr. T.G. Wright has appealed from a judgment of the Pike circuit court denying recovery for alleged total and permanent disability under a policy of insurance in the Phœnix Mutual Life Insurance Company. The policy was issued to appellant in 1921, and contains this provision: "If, while this policy is in force and there is no default in payment of any premium hereunder, due proofs shall be received at the Home Office of the Company that the insured hereunder, before attaining the age...
Reversing. On December 18, 1931, Charles A. Wood sued Robert Jackson Turner and his wife, Betty Turner, to recover *Page 628 on a note for $700, and to enforce a mortgage lien on certain lots in Middlesboro by which the note was secured. In addition to asserting a first lien by virtue of the mortgage, the petition alleged that the city of Middlesboro was claiming a lien by virtue of certain taxes, and asked that the city, which was made a party defendant, be required to come into the action and...
Affirming. C.B. Womack sued appellees for $6,000 for injuries sustained by him at 1:30 p. m. March 16, 1934, when his left leg was broken between the knee and ankle by being struck and run over by one of appellees' trucks. The jury found for the defendants, and Womack appeals. The Accident. Mr. Womack is chief of police of the city of Grayson, also head of its fire department, and on this occasion he was on route 60 engaged in the conduct of a firedrill and the flushing of a sewer. He was not...
Reversing. The propriety of the court's action sustaining a demurrer to the petition as amended and to each paragraph of the reply is presented to us for review. The first and second paragraph of the reply is a traverse of the answer; the third is substantially a reiteration of the petition as amended. The town of Worthington is a city of the sixth class. It is located near the towns of Raceland and Russell. Prior to January 9, 1931, the three towns were connected by one highway. To reach...
Reversing. A default judgment was rendered against the appellant, Miss Bettie Withers, for the principal sum of about $4,700 in favor of the appellee Kentucky Joint Stock Land Bank. The executor of the estate of M.T. McEldowney was adjudged a second lien for the principal sum of $1,000 to attach to the proceeds of the sale. These debts were secured by a mortgage on 68 acres of land near Sharpsburg, which was ordered sold as a whole. The master commissioner filed his report of sale containing...
Affirming. On March 11, 1924, the appellants, T.S. Winfree and wife, borrowed from or through the Louisville Title Company $3,750, secured by a lien on real estate. The obligation was evidenced by a series of coupon bonds providing for the payment of $43.95 monthly during a period of ten years. The mortgage or trust deed recites that these sums were to be deposited with the title company, as trustee, to create a sinking fund for the satisfaction of the interest and bonds as they severally...
Affirming. Appellant, suing for himself and other minority stockholders in appellee corporation, brought this derivative action against the corporation and its officers and members of its board of directors, composed of H.L. Miller, president, C.O. Tice, vice president, and E.A. Kenzig, secretary-treasurer, to recover for the benefit of the corporation certain sums of money, funds of the corporation, which, he alleges, were unlawfully and illegally disbursed and spent by the defendant officers...
Reversing. The appeal is from a judgment sustaining a demurrer to, and dismissing, the petition in an action to recover on a certificate of insurance. The facts relied on for recovery are: On June 13, 1929, the Sovereign Camp, Woodmen of the World, issued to C.H. Palmer a certificate of insurance insuring his life in favor of his daughter, Ruby Wilson. The certificate was issued in substitution of a prior certificate issued to Palmer on May 1, 1926, and called for monthly premiums of $4.80 each....
Reversing. *Page 338 Appellant appeals from a judgment of the Muhlenberg circuit court sentencing him to the penitentiary for a term of two years for having carnal knowledge of Lodell Jenkins, a female between 16 and 18 years of age, as provided in subsection 3 of section 1155 of the Kentucky Statutes (as amended by Acts 1930, c. 18). The grounds urged for reversal are that the court erred in its ruling on the evidence and that the instructions were erroneous and prejudicial. The prosecutrix...
Reversing in part and affirming in part. This is an appeal from an adverse judgment of the Lawrence circuit court rendered in the above-styled consolidated suits, wherein the relief sought by appellant was in each instance denied and the actions dismissed. The facts out of which the actions arose are, as disclosed by the rather lengthy record, that the appellees, Green Hayes, L.C. Hayes, Laura Hayes Nichols, and Alpha Hayes, committee of W.T. Hayes, are the children and heirs at law of John...
Affirming. Prior to and on the 5th day of February, 1930, the Hargis Bank Trust Company, a corporation, organized and existing under the laws of this commonwealth, was engaged in the general banking business at Jackson, Ky. On that date it closed its doors and was placed in the hands of the state banking and securities commissioner, under section 165a-16, Kentucky Statutes. James S. Williams was at the time a depositor of the bank and trust company. The Byrds were indebted to it many thousand...
Affirming. George W. Wilkins, a railroad brakeman, suffered the loss of practically all of his fingers on one hand in an accident. He was a member of the Brotherhood of Railroad Trainmen and held a contract of insurance for a maximum sum of $5,000 in case of loss of any of certain enumerated parts of his body, which included a hand. Having been denied payment, he sued and recovered judgment against the Brotherhood. But it was reversed upon the ground that his injury did not come within the...
Affirming. Mrs. J. Lee Wilford sued Patrick Cooper, a taxi operator, for personal injuries, was unsuccessful, and has appealed. On September 21, 1934, Mrs. Wilford had engaged passage in Mr. Cooper's taxi, paid her fare, and was on her way to Detroit. At about 10:30 p. m. this taxi was on United States highway 31 traversing the Kelly avenue bridge over the abash river just south of Peru, Ind., and was going towards *Page 65 that city. It was quite dark, raining steadily, and the bridge floor...
Reversing. This appeal presents for review the action of the court giving a peremptory instruction at the instance *Page 221 of the Southern Mining Company at the close of the evidence in behalf of the administrator of Martin Wilder's estate. The Southern Mining Company, a corporation, was engaged in mining coal in Bell county, Ky. Martin Wilder, a young man about twenty-one years of age, was in its employment as "empty hole coupler." He was working at the time of his injuries, "at the...
Affirming. The petition of E.S. Lee, appellee herein, alleged the ownership and possession of a certain tract of land, the trespass thereon, and removal of trees by the defendants, R.J. Wilcox and A.R. Houk, appellants herein, under a claim of title, to plaintiff's damage in the sum of $75. It prayed for $75 and the quieting of title. The petition was in equity, as authorized by section 11, Kentucky Statutes. Before answer an "amended petition" was filed. It stated that the allegations of the...
Affirming. W.A. Whittle and appellee were married July 15. 1931. He was then 71 and she 41 years of age. He died intestate on October 10, 1932, leaving surviving *Page 633 his widow, and a son of a former marriage, S.B. Whittle, appellant. On December 13, 1933, appellee filed petition in equity in the Russell circuit court making defendant the son, both as administrator and heir at law, alleging in substance that at the time of the death of her husband she was in poor health; that she was...
Affirming. A.M. Whitney, engaged in business as the Whitney Transfer Company, has appealed from a $1,385.63 judgment recovered against him by Clinton Rigsby for services rendered under a contract between them. The making of the contract is admitted, but these men do not agree about the provisions of it. This was an oral contract, and these two men are the only ones who testify about its terms. Under such circumstances, we cannot disturb the chancellor's finding in that regard. He found Rigsby...
Affirming. The decisive question presented is whether $190,000 of road and bridge bonds issued and sold by Whitley *Page 442 county are invalid. The county claiming they are invalid, by this action sought their cancellation. Issues were formed by appropriate pleadings, and there is no question of practice or pleadings presented, except as to Dr. C.B. Rice, to which we shall hereafter advert. The county's bonds aggregating $440,000 were issued by the fiscal court; $250,000 of them, under the...
