McDaniel v. Vaughn

Court of Appeals of Kentucky

McDaniel v. Vaughn

6 Ky. Op. 521, 1873 Ky. LEXIS 254

DecidedFebruary 27, 1873

StatusPublished

This text of 6 Ky. Op. 521 (McDaniel v. Vaughn) 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

McDaniel v. Vaughn, 6 Ky. Op. 521, 1873 Ky. LEXIS 254 (Ky. Ct. App. 1873).

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Opinion

Opinion by

Judge Pryor:

We must concur in the opinion of the court below that there is no sufficient evidence in the record to authorize a judgment subjecting the estate of Mrs. Vaughn to the payment of the note executed for the goods sold and delivered. Neither the appellant, Moore, nor his clerk, Penniston, made any statement from which it can be inferred that the appellee knew- when these goods were being purchased that they were charged to her. The mere fact that the goods were charged to the wife in the absence of any knowledge of this fact on her part or an agreement to that effect will not make her the debtor instead of the husband. . .She also states that no such agreement was made and that the goods were purchased on the credit of her husband or that of Boone, and not upon the faith Of any promise or pledge on his part.

The judgment is affirmed.

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Opinion by

Judge Pryor:

We must concur in the opinion of the court below that there is no sufficient evidence in the record to authorize a judgment subjecting the estate of Mrs. Vaughn to the payment of the note executed for the goods sold and delivered. Neither the appellant, Moore, nor his clerk, Penniston, made any statement from which it can be inferred that the appellee knew- when these goods were being purchased that they were charged to her. The mere fact that the goods were charged to the wife in the absence of any knowledge of this fact on her part or an agreement to that effect will not make her the debtor instead of the husband. . .She also states that no such agreement was made and that the goods were purchased on the credit of her husband or that of Boone, and not upon the faith Of any promise or pledge on his part.

The judgment is affirmed.

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Bluebook (online)

6 Ky. Op. 521, 1873 Ky. LEXIS 254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdaniel-v-vaughn-kyctapp-1873.