Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 117 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...by an executed in-strument, no other deliver'y of the notes assigned was either possible or necessary; and that, as the gift was executed, -the matter of consideration wa immaterial. But in that case the subject-matter of the assignment was a thing and estate in esse. The difficulty here is thatthe thing attempted-to be assigned--the estate in the trust fund--was not in being, or vested in the assignor, and consequently the utmost effect that could be given to the attempted assignment was that of an equitable assignment, or an agreement to assign, to take effect in the future, when and if the estate to be assigned came into existence. When that event occurred, a court of equity will not enforce the assignment, because of a lack of equity in the claimant under the instrument. The judgment of the circuit court denying to appellant-the whole of the one-halt' of the personal estate owned by decedent and held by her trustee, derived under Joseph Bruen's will is reversed, and cause remanded for proceed-ings not inconsistent herewith. Petition for rehearing by appellee overruled. Shemwell v. Owensboro 8: N. R. IR. Co. Held: 1. Where plaintiff was injured by the falling of the r00f Oi a pumping house which had become so defective that it was unable to sustain plaintiff's weight when he went upon it to BXtinguish a. fire, and plaintiff was the only person employed by defendant at that place, plaintiffs knowledge as to the condition of the roof was the knowledge of his employer. 2. Where defendant promised to repair a defective roof over a pumping station Where plaintiff was the sole employe, Silcll Promise did not make defendant an insurer of plaintiffs safety during the time reasonably necessary to make the repairs, but only relieved...