Thurmond v. Black

Court of Appeals of Kentucky

Thurmond v. Black

2 Ky. Op. 67, 1867 Ky. LEXIS 393

DecidedNovember 21, 1867

StatusPublished

This text of 2 Ky. Op. 67 (Thurmond v. Black) 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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Thurmond v. Black, 2 Ky. Op. 67, 1867 Ky. LEXIS 393 (Ky. Ct. App. 1867).

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Opinion

Opinion of the Court by

Judge Williams:

As Black owed Thurmond on notes, when he rendered the professional services established by the evidence, the value of those services should be applied to the payment of said debts, regardless of the statute of limitations set up by appellant to appellee’s set-off and counter claim. But as the statute of limitations does bar a recovery on appellee’s set-off, no judgment should be rendered in his behalf thereon.

The judgment being in accordance with these views, it is affirmed, both on the original and cross appeal.

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Opinion of the Court by

Judge Williams:

As Black owed Thurmond on notes, when he rendered the professional services established by the evidence, the value of those services should be applied to the payment of said debts, regardless of the statute of limitations set up by appellant to appellee’s set-off and counter claim. But as the statute of limitations does bar a recovery on appellee’s set-off, no judgment should be rendered in his behalf thereon.

The judgment being in accordance with these views, it is affirmed, both on the original and cross appeal.

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Bluebook (online)

2 Ky. Op. 67, 1867 Ky. LEXIS 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thurmond-v-black-kyctapp-1867.