McCullom v. Archer

Court of Appeals of Kentucky

McCullom v. Archer

7 Ky. Op. 731, 1874 Ky. LEXIS 307

DecidedJune 13, 1874

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This text of 7 Ky. Op. 731 (McCullom v. Archer) 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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McCullom v. Archer, 7 Ky. Op. 731, 1874 Ky. LEXIS 307 (Ky. Ct. App. 1874).

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Opinion

Opinion by

Judge Lindsay:

The evidence shows clearly that appellant was not a member of the firm' of McCullom & Co. at the time the debt sued on was contracted.

The circumstances relied on to preclude him from making defense are the entries in the city directory. These entries were made without his knowldge or consent; and he could not correct them, as readily as might have been done, had they been newspaper advertisements, instead of entries in year .books. Besides, they did not show him to be a member, of the firm of McCullom & Co., but of that of G. M. McCullom & Co. It is immaterial that, there was no such firm as that last named.

Appellee seeks to estop appellant from showing the truth, and the onus is upon him to make out the estoppel. We are of the opinion that he utterly failed to do so. The judgment is reversed and cause remanded for a new trial consistent with this opinion.

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Opinion by

Judge Lindsay:

The evidence shows clearly that appellant was not a member of the firm' of McCullom & Co. at the time the debt sued on was contracted.

The circumstances relied on to preclude him from making defense are the entries in the city directory. These entries were made without his knowldge or consent; and he could not correct them, as readily as might have been done, had they been newspaper advertisements, instead of entries in year .books. Besides, they did not show him to be a member, of the firm of McCullom & Co., but of that of G. M. McCullom & Co. It is immaterial that, there was no such firm as that last named.

Appellee seeks to estop appellant from showing the truth, and the onus is upon him to make out the estoppel. We are of the opinion that he utterly failed to do so. The judgment is reversed and cause remanded for a new trial consistent with this opinion.

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Bluebook (online)

7 Ky. Op. 731, 1874 Ky. LEXIS 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccullom-v-archer-kyctapp-1874.