Colvin v. Reynold's Assignee

Court of Appeals of Kentucky

Colvin v. Reynold's Assignee

4 Ky. Op. 282, 1870 Ky. LEXIS 330

DecidedMarch 8, 1870

StatusPublished

This text of 4 Ky. Op. 282 (Colvin v. Reynold's Assignee) 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.

Bluebook

Colvin v. Reynold's Assignee, 4 Ky. Op. 282, 1870 Ky. LEXIS 330 (Ky. Ct. App. 1870).

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Opinion

Opinion oe the Court by

Judge Robertson :

If the payments to the appellants of tbeir entire demands considerably exceeded their pro rata portions of tbe distributable fund as finally reduced, they- are equitably liable to restitution of tbe excess. And as those inadvertent payments by tbe administrator were made pendente lite, a rule for restitution was an appropriate remedy.

"Wherefore, as there is no apparent error, tbe judgment is affirmed.

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Opinion oe the Court by

Judge Robertson :

If the payments to the appellants of tbeir entire demands considerably exceeded their pro rata portions of tbe distributable fund as finally reduced, they- are equitably liable to restitution of tbe excess. And as those inadvertent payments by tbe administrator were made pendente lite, a rule for restitution was an appropriate remedy.

"Wherefore, as there is no apparent error, tbe judgment is affirmed.

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Bluebook (online)

4 Ky. Op. 282, 1870 Ky. LEXIS 330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colvin-v-reynolds-assignee-kyctapp-1870.