140 Ky. 444 | Ky. Ct. App. | 1910
Opinion of the Court by
Affirming.
It appears that in 1908, appellant had claims amounting to something over $38,000 against -the L. & N. Railroad Co. for overcharges in freight. These claims had been accumulating for several years, and in the year 1908, appellant, by its executive committee, made a contract with one E. E. Paine to collect same from the railroad company. Paine was to be paid seven and one-half per cent, on the collections for his services. The
“Know all men by these presents that the Kentucky Refining Company, a corporation organized under the laws of the state of Kentucky, and doing business in the city of Louisville, for and in consideration of the sum of one dollar ($1.00), and. other good and valuable consideration, to it especially moving, in hand well and truly paid by R. C. Waggener, of the said -city and state, receipt whereof is hereby acknowledged, has assigned, transferred and set over, and by these presentó, do assign, transfer and set over unto the said R. C. Waggener all its. right, title and interest in and to certain railroad freight claims, claimed to be due the said Kentucky Refining Company, .and known as the E. E. Paine L. & N. Railroad claims, and now in the hands of said Paine for collection; and the said Kentucky Refining Company does
“In witness whereof the Kentucky Refining Company has caused the signature of the vice president and its common and corporate seal, attested by its secretary, to be heretofore affixed.
“This the 15th dav of February, 1909.”
This litigation arises with reference to the $2,200 worth of claims which were placed in the hands of Paine for collection and which had not been filed with the railroad officials prior to January 1, 1907. After this contract was made and delivered to Waggener, appellant proceeded to collect about $1,200 of these claims and refused to turn the money over to appellee, and was endeavoring to collect the balance of the claims. Appellee instituted this action upon the contract against appellant to recover the $1,200 and to prevent it from collecting the remainder of the $2,200. Appellant answered denying appellee’s right to the claims and the money collected, and set forth the error in turning over these claims to Paine. It alleged that Paine had no right to the claims, and that appellee was not entitled to them under his contract because they were wrongfully in the hands of Paine. It is not alleged in the answer nor shown by the proof that appellant’s officers did not know that these claims were in the hands of Paine at the time the contract sued on was executed, nor that there was any fraud or deception practiced by appellee or any one in obtaining the contract sued on. The contract under consideration expressly sold and assigned to appellee “the E. E. Paine L. & N. R. R. Claims and now in the hands of said Paine for collection.” The claims in litigation were in the hands of Paine at the time the contract copied was executed and delivered and had been in his hands from the time
For these reasons, the judgment of the lower court is affirmed.