Nutter v. Miller

Court of Appeals of Kentucky

Nutter v. Miller

7 Ky. Op. 367, 1873 Ky. LEXIS 601

DecidedDecember 16, 1873

StatusPublished

This text of 7 Ky. Op. 367 (Nutter v. Miller) 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

Nutter v. Miller, 7 Ky. Op. 367, 1873 Ky. LEXIS 601 (Ky. Ct. App. 1873).

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Opinion

Opinion by

Judge Pryor:

This action is for the recovery of a specific and certain sum of money, with interest alleged to have been collected by appellant without right, on claims or accounts belonging to the appellee.

Having thus collected the money, the law implies the promise to pay. No proof was necessary, as the amount collected was specifically stated, and the law implies the promise. No> demand was necessary, and therefore interest should have been allowed from the time the money was collected.

Judgment affirmed.

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Opinion by

Judge Pryor:

This action is for the recovery of a specific and certain sum of money, with interest alleged to have been collected by appellant without right, on claims or accounts belonging to the appellee.

Having thus collected the money, the law implies the promise to pay. No proof was necessary, as the amount collected was specifically stated, and the law implies the promise. No> demand was necessary, and therefore interest should have been allowed from the time the money was collected.

Judgment affirmed.

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Bluebook (online)

7 Ky. Op. 367, 1873 Ky. LEXIS 601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nutter-v-miller-kyctapp-1873.