Western Kentucky Coal Co. v. Nall & Bailey

• Decision Date: 19 March 1929
• Citation: 228 Ky. 76
• Parties: Western Kentucky Coal Company v. Nall & Bailey.
• Court: United States State Supreme Court — District of Kentucky

228 Ky. 76

Western Kentucky Coal Company v. Nall & Bailey.

Court of Appeals of Kentucky.

Decided February 19, 1929.

As Modified on Denial of Rehearing, March 19, 1929.

1. Master and Servant. — Act approved March 12, 1924 (Acts 1924, c. 71), relating to redemption of script issued, does not confine right of action against employer issuing script to person who buys it from laborer.

2. Master and Servant. — Merchants taking script from laborers could recover from coal company, employer, issuing script under Act approved March 12, 1924 (Acts 1924, c. 71), though it was shown that sometimes, after disc was placed in bag, other discs were substituted for it in making change in store, where merchants kept correct list of what was in bag after exchange was made.

3. Master and Servant. — Provision of Act approved March 12, 1924 (Acts 1924, c. 71), that employee might be credited by balance, when person presenting script had not paid par for it, does not affect right of purchaser to sue for full amount of script, where he has paid par in merchandise for it to person from whom he bought it.

4. Master and Servant. — Act approved March 12, 1924 (Acts 1924, c. 71), relating to redemption of script issued to laborers, must be fairly construed to carry out plain legislative purpose.

5. Master and Servant. — Act approved March 12, 1924 (Acts 1924, c. 71), relating to redemption of script issued to laborers, does not require buyer of script to make record of name of one from whom he purchased, and also require seller to furnish a like list, if seller was not himself the laborer who drew check.

6. Statutes. — Intent of Legislature must be deduced from language used in statute, when it is plain and unambiguous.

Appeal from Webster Circuit Court.

RAYBURN & WITHERS for appellant.

C.H. LISMAN and C.S. NUNN for appellees.

OPINION OF THE COURT BY COMMISSIONER HOBSON.

Affirming.

The act approved March 12, 1924 (Acts 1924, c. 71), is in the words: "That an individual, firm, partnership, or organization or corporation, employing labor who may hereafter issue any script, due bills, checks, or other evidence of debt, in any form, for labor shall redeem same in cash or legal tender at face value at least once each month on a regular pay day from any person or persons, firm or corporation who may present the same for payment: Provided, that any person, firm or corporation, buying said script or her evidence of debt which has been issued to employees for labor shall be entitled to sue the person, firm or corporation issuing the same in payment is refused, and shall be entitled to recover face value therefor if it has been paid for in goods and merchandise in store, and if paid for in cash, shall be entitled to recover amount paid for said script or other evidence of debt issued to employees, together with six per cent. interest from date said script was purchased, and in the event said amount paid for said script or other evidence of debt issued to emloyees, is less than the face value thereof, and that the amount paid and interest thereon is less than face value of said script, the residue of the face value thereof shall be credited on the books of the employer to the employee to whom it was issued and said employee shall be entitled to receive same on any regular pay day of said employer; and provided, that the person, firm or corporation, suing said employer to recover on said script or other evidence of debt shall not be required to make the persons from whom said script or other evidence of debt was purchased, party or parties to any action brought to enforce collection for same. All persons, firms and corporations, purchasing script or other evidence of debt issued to employees on account of labor shall keep an accurate record of the amount of script or other evidence of debt purchased and this record so kept shall show the name of each person from whom script or other evidence of debt issued to employees for labor was purchased, the amount purchased, date thereof, and amount paid in goods or in cash or other thing of value, and who issued said...