October 5, 2012

Robert Snodgrass v. Charles Kirtly et al., Rockcastle, 1868

Robert Snodgrass v. Charles Kirtly et al.

COURT OF APPEALS OF KENTUCKY

2 Ky. Op. 563; 1868 Ky. LEXIS 503

June 9, 1868, Decided

PRIOR HISTORY:   [**1]  APPEAL FROM ROCKCASTLE CIRCUIT COURT.

DISPOSITION: Demurrer sustained, and judgment affirmed.

COUNSEL: Carter, for appellant.

JUDGES: Judge Peters.

OPINION BY: Peters 

OPINION

 [*563]  Opinion of the Court by Judge Peters:

There is no allegation in the petition that the letter addressed by Kirtly and Owens to appellant introducing Lewis to him as a "clever gentleman" was written with any fraudulent intent on their part, or that they knew Lewis to be of a character different from that which they represented.

 [*564]  Nor is it alleged that appellant held their letter as a guaranty for the debt contracted by Lewis with him, and had notified them of the fact. The petition was therefore insufficient to show a cause of action against appellees in either aspect. Wherefore the demurrer was properly sustained, and the judgment is affirmed.

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