Renfrow v. Condor

Decision Date13 May 1913
Citation156 S.W. 385,153 Ky. 701
PartiesRENFROW et al. v. CONDOR.
CourtKentucky Court of Appeals

Appeal from Circuit Court, Ohio County.

Action by Leroy Condor against A. R. Renfrow and others. From judgment for plaintiff, defendants appeal. Affirmed.

G. B Likens, of Hartford, Ben D. Ringo, of Owensboro, and Likens &amp Crowe, of Hartford, for appellants.

Ernest Woodward and M. L. Heavrin, both of Hartford, for appellee.

CARROLL J.

This appeal involves purely questions of fact. It appears that the appellee, Leroy Condor, on account of his age and feebleness was unable to attend to his business, and, having several lien notes of $100 each, he assigned six of these notes to his son, J. W. Condor. It further appears that J. W. Condor owed the appellant Renfrow $400, and soon after obtaining possession of these notes he assigned four of them to Renfrow in satisfaction of the debt. As soon as Leroy Condor discovered that his son had transferred these notes to Renfrow for the purpose stated, he brought a suit against J. W. Condor to recover possession of the notes, and it was found by the jury on the trial of this suit that Leroy Condor had "turned over the notes to the defendant J. W. Condor to be collected by him and to account to his father, the plaintiff, Leroy Condor, for the amount of them," and thereupon a judgment was entered on this verdict in favor of Leroy Condor against J. W. Condor for $400 and interest. After this Leroy Condor brought this suit inequity against Renfrow in which he averred that J. W. Condor was insolvent and that an execution on the judgment against him had been returned "no property found." He further averred that, when Renfrow took an assignment of the notes from J. W. Condor, he knew that J. W. Condor had no right to assign, them and that he was holding them simply as his agent for the purpose of collecting them for his benefit and account. He asked that Renfrow be compelled to deliver the notes to him, or, if not, that he have judgment against him for the amount of them. For answer to this suit Renfrow merely traversed the averments of the petition. On hearing the case, after the evidence was in, the lower court gave judgment against Renfrow for $400 and interest, and he appeals.

Leroy Condor, the only material witness in his own behalf testified, in substance, that, being unable to look after his business, he concluded to transfer to his son, J. W. Condor, six of the $100 notes, and did so under an agreement that his son would collect the money on them, and, after paying his debts, account to him for the balance; that he had his son went to Renfrow, and after he had stated the arrangement between them Renfrow, acting for him, wrote an assignment on the notes, and also wrote out and gave to him a statement showing the date and amount of the notes he had thus assigned; that Renfrow knew the condition...

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4 cases
  • Verhoeks v. Gillivan
    • United States
    • Michigan Supreme Court
    • October 1, 1928
    ...Am. St. Rep. 320;Ketelsen v. Stilz, 184 Ind. 702, 111 N. E. 423, L. R. A. 1918D, 303; Ann Cas. 1918A, 965; Renfrow v. Condor, 153 Ky. 701, 156 S. W. 385,44 L. R. A. (N. S.) 989;Cleveland v. City of Bangor, 87 Me. 259, 32 A. 892,47 Am. St. Rep. 326;Hyde v. Noble, 13 N. H. 494, 38 Am. Dec. 50......
  • McClintic Marshall Const. Co. v. Eckman
    • United States
    • Kentucky Court of Appeals
    • May 13, 1913
  • Pulliam v. Gentry
    • United States
    • Kentucky Court of Appeals
    • January 23, 1925
    ...from seeking a recovery against the other, unless he has theretofore in some way received satisfaction from the first. Renfrow v. Condor, 153 Ky. 701, 156 S.W. 385. evidence tended strongly to establish each of the material allegations of the petition; the plaintiff's own evidence in all ma......
  • Pulliam v. Gentry
    • United States
    • Kentucky Court of Appeals
    • January 23, 1925
    ...precluded from seeking a recovery against the other, unless he has theretofore in some way received satisfaction from the first. Renfrow v. Condor, 153 Ky. 701. The evidence tended strongly to establish each of the material allegations of the petition; the plaintiff's own evidence in all ma......

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