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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