Estill v. Cobb

Court of Appeals of Kentucky

Estill v. Cobb

6 Ky. Op. 257, 1873 Ky. LEXIS 97

DecidedApril 5, 1873

StatusPublished

This text of 6 Ky. Op. 257 (Estill v. Cobb) 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

Estill v. Cobb, 6 Ky. Op. 257, 1873 Ky. LEXIS 97 (Ky. Ct. App. 1873).

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Opinion

Opinion by

Judge Lindsay :

The proof in this, case does not sufficiently sustain the charge of fraud. It may be that Jesse Cobb had misled Smith as to his solvency, but it does not appear that it was done for the purpose of inducing him to vouch to Estill as to his ability to pay for the mules. It may also be true that Cobb knew he was insolvent when he bought the mules, but it does not necessarily follow that he .did not intend to pay for them. He may have believed that he would be able, finally to extricate himself from: his difficulties and pa,y all his debts. The fact that he kept the mules on his place, in Madison County a few miles from where Estill lived for over four months, shows that it was not his object to buy them on credit, and then convert them, into money, and refuse to pay for them'. He seems to have given up everything to his creditors when he made the deed of assignment for their benefit.

Judgment affirmed.

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Opinion by

Judge Lindsay :

The proof in this, case does not sufficiently sustain the charge of fraud. It may be that Jesse Cobb had misled Smith as to his solvency, but it does not appear that it was done for the purpose of inducing him to vouch to Estill as to his ability to pay for the mules. It may also be true that Cobb knew he was insolvent when he bought the mules, but it does not necessarily follow that he .did not intend to pay for them. He may have believed that he would be able, finally to extricate himself from: his difficulties and pa,y all his debts. The fact that he kept the mules on his place, in Madison County a few miles from where Estill lived for over four months, shows that it was not his object to buy them on credit, and then convert them, into money, and refuse to pay for them'. He seems to have given up everything to his creditors when he made the deed of assignment for their benefit.

Judgment affirmed.

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Bluebook (online)

6 Ky. Op. 257, 1873 Ky. LEXIS 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estill-v-cobb-kyctapp-1873.