Trade Discount Co. v. J.R. Cox & Co.
| Decision Date | 05 May 1911 |
| Parties | TRADE DISCOUNT CO. v. J. R. COX & CO. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, McLean County.
Action by J. R. Cox & Co. against the Trade Discount Company. From a judgment granting relief to plaintiffs, defendant appeals. Dismissed.
J. W Boston, for appellant.
Milton Clark, for appellees.
On May 28, 1908, the appellees, J. R. Cox & Co., accepted a bill of exchange drawn upon them for $280.53 by the Mutual Manufacturing Company, of Canton, Ohio. On June 17, 1908, the Mutual Manufacturing Company assigned said bill to the appellant, the Trade Discount Company, and it, as assignee and owner and holder of said bill, sued the appellee to recover the $280.53. Appellees answered that the acceptance had been obtained from them by the Mutual Manufacturing Company by fraud and misrepresentation, and that the appellant had acquired the bill with knowledge of the fraud and misrepresentation, and after its maturity.
Upon the trial the court submitted to the jury the single question as to whether the bill had been transferred to appellant after its maturity. The jury returned the following verdict "We, the jury, find the paper sued on was not transferred till after maturity." Whereupon the court entered this order: "It is therefore ordered and adjudged by the court that defendants recover of plaintiff their costs herein at this term expended, and execution may issue, and this case is continued." The appellant appeals from that judgment, and appellees have moved to dismiss the appeal, upon the ground that there has been no final order in the case. The appellate jurisdiction of this court is over final orders and judgments only. Ky. St. § 950 (Russell's St.§ 2784).
A final judgment or order is such an order as at once puts an end to the action, by declaring that the plaintiff has either entitled himself, or has not, to recover the remedy sued for. 3 Blackstone, Com. 497. It must not merely decide that one of the parties is entitled to relief of a final character, but it must give that relief by its own force, or be enforceable for that purpose, either without further action by the court or by process of contempt. In other words, a final order is an order that disposes of the merits of the case, that settles the rights of the parties under the issues made by the pleadings, or which disposes of the cause and places the parties out of court....
To continue reading
Request your trial
-
Dailey v. Lexington & E. Ry. Co.
... ... etc., 151 Ky. 162, 151 S.W. 359; Maxwell v ... England, 115 Ky. 783, 74 S.W. 1091; Trade Discount ... Co. v. Cox, 143 Ky. 516, 136 S.W. 901; Harrison v ... Stroud, 150 Ky. 797, 150 ... ...
-
State Road Dept. v. Crill
... ... 435; Sullivan v. A. B. & D. of U.S., etc. (C. C. A.) ... 6 F. (2d) 1000, 42 A. L. R. 503; Trade Discount Co ... v. J. R. Cox & Co., 143 Ky. 515, 136 S.W. 901; ... Luxton v. North River Bridge ... ...
-
Morris v. Morris
... ... p ... 506, note 58. An appeal does not lie from an interlocutory ... order. Trade Discount Co. v. J. R. Cox & Co., 143 ... Ky. 515, 136 S.W. 901. These parties should make such ... ...
-
Morris, et al. v. Morris, et al.
...Ky. 231, 227 S.W. 274. See, also, 3 C.J. p. 506, note 58. An appeal does not lie from an interlocutory order. Trade Discount Co. v. J.R. Cox & Co., 143 Ky. 515, 136 S.W. 901. These parties should make such further preparation of their cases as they desire, and submit them to the circuit cou......