McClure v. Hume

Court of Appeals of Kentucky

McClure v. Hume

3 Ky. Op. 612, 1869 Ky. LEXIS 522

DecidedJuly 6, 1869

StatusPublished

This text of 3 Ky. Op. 612 (McClure v. Hume) 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

McClure v. Hume, 3 Ky. Op. 612, 1869 Ky. LEXIS 522 (Ky. Ct. App. 1869).

Pincite

Opinion

Opinion of the Court by

Judge Robertson:

The appellee’s minor son had no. authority to sell, and this the appellant knew; and he was therefore liable to the appellee for [613]*613the market value of the cattle thus converted by a constructive fraud to his own use, subject to a credit for the amount paid to the appellee. The appellee had a right to maintain his action, as brought, for that balance. And the verdict and judgment are for no more than the maximum amount authorized by the testimony. Nor do we perceive any error in instructing or refusing to instruct the jury.

Scott, for appellant. McManama, for appellee.

Wherefore the judgment is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion of the Court by

Judge Robertson:

The appellee’s minor son had no. authority to sell, and this the appellant knew; and he was therefore liable to the appellee for [613]*613the market value of the cattle thus converted by a constructive fraud to his own use, subject to a credit for the amount paid to the appellee. The appellee had a right to maintain his action, as brought, for that balance. And the verdict and judgment are for no more than the maximum amount authorized by the testimony. Nor do we perceive any error in instructing or refusing to instruct the jury.

Scott, for appellant. McManama, for appellee.

Wherefore the judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

3 Ky. Op. 612, 1869 Ky. LEXIS 522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclure-v-hume-kyctapp-1869.