Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951, Volume 3; Volume 110 |
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Page 54
... claim against the L. & N. for net earnings un- der the lease ; that , if they were ascertained , it would more than pay off the bonds which the L. & N. holds , etc. In addition to that it is averred that Phillips , surviving trustee ...
... claim against the L. & N. for net earnings un- der the lease ; that , if they were ascertained , it would more than pay off the bonds which the L. & N. holds , etc. In addition to that it is averred that Phillips , surviving trustee ...
Page 57
... claiming that by the express terms of the policy the claim is barred . Appellant replies that notice was given to the company of the loss , and claims the record shows it was , on or before July 6 , 1896 , and within sixty days of the ...
... claiming that by the express terms of the policy the claim is barred . Appellant replies that notice was given to the company of the loss , and claims the record shows it was , on or before July 6 , 1896 , and within sixty days of the ...
Page 60
... claim , shall be sustainable , in any court of law or equity , until after full compliance by the insured with the foregoing requirements , nor unless commenced within twelve months next after the fire . " The policy contains the usual ...
... claim , shall be sustainable , in any court of law or equity , until after full compliance by the insured with the foregoing requirements , nor unless commenced within twelve months next after the fire . " The policy contains the usual ...
Page 65
... claim , the action is not upon the policy , but solely upon the award , no cause of action is made out , because the ... claims which are valid are not usually allowed to remain neglected . The lapse of years without any attempt to en ...
... claim , the action is not upon the policy , but solely upon the award , no cause of action is made out , because the ... claims which are valid are not usually allowed to remain neglected . The lapse of years without any attempt to en ...
Page 77
... claim because time raises a presumption of payment . The modern doctrine is that it is a statute of repose , and that it is wholly immaterial whether the claim is paid or not , and that the statute is a complete bar . It is not the ...
... claim because time raises a presumption of payment . The modern doctrine is that it is a statute of repose , and that it is wholly immaterial whether the claim is paid or not , and that the statute is a complete bar . It is not the ...
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Common terms and phrases
Admr alleged amended amount appellant's appellee appellee's assignment ATTORNEY FOR APPELLANT AUTHORITIES CITED Bank board of public bond Boyle county Bush Caleb Powers Catlettsburg cause of action charge CIRCUIT COURT Civil Code claim Commonwealth Commonwealth's attorney conspiracy Constitution contract contributory negligence county court COURT BY JUDGE creditors damages death debt deed defendant demurrer Dohn election entitled evidence execution fact filed guilty Hawesville heirs held Howard indictment injury issue judgment jurisdiction Kentucky Statutes land Law Rep Legislature levy liability lien Louisville ment mortgage negligence Nicholas County opinion overruled paid parties payment person petition plaintiff pleaded proceeding proof prosecution purpose question railroad reason recover reversed road rule sheriff Stats statute of limitations street suit surety sustained Taylor testator testimony thereof tion trial trustees turnpike wife William Goebel witness Youtsey
Popular passages
Page 20 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 60 - In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree shall submit their differences to the umpire; and the award in writing of any two shall determine...
Page 503 - It is a finality as to the claim or demand in controversy, concluding parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Page 949 - No county, city, town, township, school district or other political corporation or subdivision of the State shall be allowed to become indebted in any manner or for any purpose to an amount exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the voters thereof voting at an election to be held for that purpose...
Page 187 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction.
Page 956 - Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...
Page 60 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 59 - ... company, protect the property from further damage, forthwith separate the damaged and undamaged personal property, put it in the best possible order, make a complete inventory of the same, stating the quantity and cost of each article and the amount claimed thereon; and, within sixty days after the fire, unless such time is extended in writing...
Page 59 - ... all other insurance, whether valid or not, covering any of said property; and a copy of all the descriptions and schedules in all policies...
Page 956 - That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance...