Coffee v. Piatt, Bucklin & Co.

Court of Appeals of Kentucky

Coffee v. Piatt, Bucklin & Co.

3 Ky. Op. 593, 1869 Ky. LEXIS 511

DecidedJune 5, 1869

StatusPublished

This text of 3 Ky. Op. 593 (Coffee v. Piatt, Bucklin & Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Coffee v. Piatt, Bucklin & Co., 3 Ky. Op. 593, 1869 Ky. LEXIS 511 (Ky. Ct. App. 1869).

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Opinion

Opinion of the Court by

Judge Williams:

The court below having referred the settlement of accounts to a master commissioner he reported the -settlement in several aspects, October 5, 1851, the accounts were ceased between the parties by Coffee’s note for $853.56. Counting interest and deducting credits since then the balance as shown by the commissioner would be $258.19, due April 27, 1858.

Both parties assert and show errors and the accounts are so confused as to render an accurate statement of the account highly difficult and improbable. In this state of confused uncertainty we can not do better than to take the note as the basis of settlement and allow the subsequent credits and direct a judgment against Coffee for the remainder of two hundred and fifty-eight dollars and seventy-nine cents, with interest from April 27, 1858.

Wherefore the judgment is reversed, with directions for further proceedings as herein dircted.

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Opinion of the Court by

Judge Williams:

The court below having referred the settlement of accounts to a master commissioner he reported the -settlement in several aspects, October 5, 1851, the accounts were ceased between the parties by Coffee’s note for $853.56. Counting interest and deducting credits since then the balance as shown by the commissioner would be $258.19, due April 27, 1858.

Both parties assert and show errors and the accounts are so confused as to render an accurate statement of the account highly difficult and improbable. In this state of confused uncertainty we can not do better than to take the note as the basis of settlement and allow the subsequent credits and direct a judgment against Coffee for the remainder of two hundred and fifty-eight dollars and seventy-nine cents, with interest from April 27, 1858.

Wherefore the judgment is reversed, with directions for further proceedings as herein dircted.

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3 Ky. Op. 593, 1869 Ky. LEXIS 511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coffee-v-piatt-bucklin-co-kyctapp-1869.