124 Ky. 476 | Ky. Ct. App. | 1907
Opinion op the Court by
Reversing.
The appellant, the Lexington Brewing' Company, is a corporation in Lexington, Ky., engaged in the business of brewing and selling beer. W. B. Gróode and Charles M. Rice were partners, carrying on a saloon business under the firm name and style of G-oode & Co., in Stanford, Ky. The appellant instituted this action against the appellees to recover the sum of $1,120 alleged to be due it for beer sold and delivered to them. As an ancillary remedy, it sued out a general attachment against the property of the appellees, on the ground that they had not enough property in this State, subject to execution, to satisfy the demand, and that the collection thereof would be endangered by the delay in obtaining a judgment and a return of “No property found.” The appellees placed in issue all of the claim of appellant except $418, and controverted the grounds of the attachment. A ■ trial by jury «resulted in a verdict in favor of appellant for $476, and the trial court sustained appellee’s motion to discharge the attachment. Of both these results the appellant complains on this appeal.
Without going into the evidence as to the amount due the appellant with any great particularity, it may be stated that it was conflicting on the subject, and the jury found that only $476 was due, and that we do not feel at liberty to set aside the verdict of the jury. But on the correctness of the ruling of the trial court in discharging the attachment we áre
The judgment, in so far as it discharged the attachment sued out by appellant, is reversed, with directions to enter an order sustaining the attach
Petition for rehearing by appellee overruled.