Greer v. Gardner

Court of Appeals of Kentucky

Greer v. Gardner

7 Ky. Op. 172, 1873 Ky. LEXIS 491

DecidedOctober 9, 1873

StatusPublished

This text of 7 Ky. Op. 172 (Greer v. Gardner) 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

Greer v. Gardner, 7 Ky. Op. 172, 1873 Ky. LEXIS 491 (Ky. Ct. App. 1873).

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Opinion

Opinion by

Judge Peters:

This court said, in the opinion delivered when this case was here on a former appeal, that if the note sued on was not given in consideration of a sale of the note on the Thomases, but only for a promised loan of the money expected to be paid by Thomas, which was never realized, then there was a failure of consideration. This was certainly a correct exposition of the legal proposition involved, and although the two instructions given for appellee, and not complained of, are not in as concise language as they might have been, and may be somewhat obscured by the multiplicity of words. Still we incline to the opinion that said iústructions embody the proposition of law as enunciated in the opinion referred to, and therefore afñrm the judgment.

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Opinion by

Judge Peters:

This court said, in the opinion delivered when this case was here on a former appeal, that if the note sued on was not given in consideration of a sale of the note on the Thomases, but only for a promised loan of the money expected to be paid by Thomas, which was never realized, then there was a failure of consideration. This was certainly a correct exposition of the legal proposition involved, and although the two instructions given for appellee, and not complained of, are not in as concise language as they might have been, and may be somewhat obscured by the multiplicity of words. Still we incline to the opinion that said iústructions embody the proposition of law as enunciated in the opinion referred to, and therefore afñrm the judgment.

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Bluebook (online)

7 Ky. Op. 172, 1873 Ky. LEXIS 491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greer-v-gardner-kyctapp-1873.