Western Kentucky Coal Co. v. Nall & Bailey

• Decision Date: 19 February 1929
• Citation: 14 S.W.2d 400,228 Ky. 76
• Parties: WESTERN KENTUCKY COAL CO. v. NALL & BAILEY.
• Court: Kentucky Court of Appeals

14 S.W.2d 400

228 Ky. 76

WESTERN KENTUCKY COAL CO. v. NALL & BAILEY.

Court of Appeals of Kentucky

February 19, 1929

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

Appeal from Circuit Court, Webster County.

Action by Nall & Bailey against the Western Kentucky Coal Company. From a judgment for plaintiff, defendant appeals. Affirmed.

Rayburn & Withers, of Dixon, for appellant.

C. H Lisman, of Dixon, and C. S. Nunn, of Marion, for appellee.

HOBSON C.

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 in 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 other 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 the 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 employees, 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 script or other evidence of debt so purchased. This act shall not apply to persons, firms or corporations employing less than twenty persons. The itemized statement from the record so kept shall be presented when payment is demanded for script or other evidence of debt, so purchased from any person, firm or corporation and said statement shall be properly sworn to by the person presenting same, or by his or its agent."

The West Kentucky Coal Company operates a coal mine and employs more than 20 persons as laborers. In payment for labor it issues to its miners brass...